S.Jaisankar v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE T. RAJA Writ Petition No.26604 of 2013 S.Jaisankar ...

Petitioner Vs

1. The Presiding Officer, Co-operative Tribunal/ Principal District Judge, Krishnagiri.

2. The Deputy Registrar of Co-operative Societies, Krishnagiri Circle, Krishnagiri.

3. The Management, D.K.81 Chennachandiram Primary Agricultural Co-op. Credit Society Limited rep. by its President, Avalapalli Post, Krishnagiri District.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the 1st respondent judgment in CMA (CS) No.30/2008 dated 20.11.2012 and confirming the order passed by the 2nd respondent in Surcharge No.7/2007/Sa.Pal dated 29.04.2008, quash the same.

For Petitioner : Mr.R.Ashrafkhan For Respondents : Mr.M.S.Palanisamy, Standing Counsel for R3 Mr.R.Balaramesh, Spl.G.P. for R2 R1-Tribunal 1/4

O R D E R

This Writ Petition has been filed challenging the impugned order of the 1st respondent dated 20.11.2012 passed in CMA (CS) No.30/2008 thereby confirming the order passed by the 2nd respondent in Surcharge No.7/2007/Sa.Pal dated 29.04.2008 and to quash the same.

2. When the matter was taken up, Mr.M.S.Palanisamy, learned Standing Counsel appearing for the 3rd respondent, namely the Management, D.K.81 Chennachandiram Primary Agricultural Cooperative Credit Society Limited, Avalapalli Post, Krishnagiri District, placing on record a Memo dated 7.11.2019 filed by the 3rd respondent stated that the petitioner has paid his surcharge liability with interest at Rs.6,19,710/- to the Society on 01.11.2018. Therefore, the Writ Petition may be allowed by setting aside the impugned order in respect of the petitioner alone.

3. In view of the Memo filed by the 3rd respondent stating that the petitioner has paid his Surcharge Liability with interest at Rs.6,19,710/- to the Society on 01.11.2018, the Writ Petition stands allowed and the impugned order to the extent affecting the petitioner herein alone is set aside. No costs. Sd/- Deputy Registrar(CJ conf) //True Copy// Sub Assistant Registrar tsi To

1. The Presiding Officer, Co-operative Tribunal/ Principal District Judge, Krishnagiri.

2. The Deputy Registrar of Co-operative Societies, Krishnagiri Circle, Krishnagiri.

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+1cc to Mr.R.Ashrafkhan Advocate sr92634 +1cc to Mr.M.S.Palanisamy Advocate sr92635 W.P.No.26604 of 2013 aa05/02/2020 3/4