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Madras High CourtWP/5572/2010disposed of

Mrs.V.Manisha Baid, v. The Deputy Registrar Of

2019-07-12Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2019

CORAM

THE HON'BLE Mr. JUSTICE M.DHANDAPANI, J.

W.P.Nos.5572 & 5573 of 2010 M.P.Nos. 2& 2 of 2010 V.Manisha Baid ...Petitioner in W.P.No.5572 of 2010 Vijayakumar ...Petitioner in W.P.No.5573 of 2010 Vs

1. The Deputy Registrar of Co-operative Society(Housing) Chennai Region, Chennai-600 017.

2. The Special Officer, The Simpson Co-operative Building Society Ltd., X-391, No.89, C.P.Adhithanar Salai, Pudupet, Chennai-600 002.

3. The Secretary, The Simpson Co-operative Building Society Ltd., X-391, No.89, C.P.Adhithana Salai, Pudupet, Chennai-600 002.

4. Smt.S.Tharabai ... Respondents in both W.Ps COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari, to call for the records of the first respondent, leading to the order of the first respondent in case No.1636/08 to 1641/08, dated 20.11.2009 and quash the same.

For Petitioner : Mr.K.Ramu in each of the Petitions For Respondent : Mr.S.Sivashanmugam Government Advocate for R1.

O R D E R

The petitioner has filed the writ petition for issuance of a Writ of Certiorari, to call for the records of the first respondent, leading to the order of the first respondent in case Nos.1636/08 to 1641/08, dated 20.11.2009 and quash the same.

2. The learned counsel for the petitioner would submit that without going into the merits, this Court may grant liberty to the petitioner to file an appropriate appeal before the Cooperative Tribunal under Section 152 of the Tamil Nadu Cooperative Society Act.

3. The learned counsel for the respondents would concede to the request made by the learned counsel for the petitioner.

4. In view of the above lines, this Court is inclined to grant liberty to file an appropriate appeal before the Cooperative Tribunal Constitution under Section 152 of the Tamil Nadu Co-operative Society Act.

*5. With the above direction, the above writ petition is disposed of. The petitioners shall file an appeal before the Tribunal under Section 152 of the Tamil Nadu Co-operative Society Act within a period of four(4) weeks from the date of receipt of a Copy of this order and thereafter, the Co-operative Tribunal shall pass appropriate order as expeditiously as possible.The Registry is directed to return the origninal impugned order to the Petitioners, enabling them to prefer an appeal.No Costs.Consequently, connected miscellaneous petitions are closed.

-s/d- Assistant Registrar(CS-IV) dated 20.08.2019 *modified as per order of this Court dated 28.11.2019 and made in W.P.Nos.5572 & -s/dAssistant Registrar(insp) //True Copy// Sub Assistant Registrar

ssb To

1. The Deputy Registrar of Co-operative Society(Housing) Chennai Region, Chennai-600 017.

to be substituted For the order already

2. The Special Officer, The Simpson Co-operative Building despatched on 17.10.19 Society Ltd., X-391, No.89, C.P.Adhithanar Salai, Pudupet, Chennai-600 002.

3. The Secretary, The Simpson Co-operative Building Society Ltd., X-391, No.89, C.P.Adhithana Salai, Pudupet, Chennai-600 002.

+1 CC to Mrs.Siva Shanmugam, Advocate sr 59787. +1 CC to The Spl. Govt. Pleader sr 59687 +2 CCS to Mr.K.Ramu, Advocate sr 100125 W.P.Nos. 5572 & 5573 of 2010 M.P.Nos. 2& 2 of 2010 GP(CO) SP(29/08/2019) A.SK(04/12/2019)