S.Mani v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2019

CORAM

THE HONOURABLE Mrs. JUSTICE D.KRISHNAKUMAR W.P. No.7056 of 2019 & WMP No.7779 of 2019 S.Mani .. Petitioner Vs.

1.The Commissioner, O/o.Tamilnadu State Co-Operative Society, Election Commission, No.273, Anna Salai, Teynampet, Chennai- 600 018.

2.The Joint Registrar/District Election Officer(Co-operative), District Collector Office Campus, Salem.

.. Respondents PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to initiate proceedings as per the order the proceedings in Na.Ka.No.4624/2018 Ku.The.2 dated 22.06.2018 and pass suitable orders in respect of the Society elections for the Society No.1527, Salem District, Medical Department, Employees Co-operative Thrift & Credit Society Limited, GMKM College Hospital, Salem-1.

For Petitioner : Mr.No Appearance For R1 : Mr.M.S.Palanisamy For R2 : Ms.T.Girija, GA

ORDER

The present Writ Petition has been filed, praying for issuance of a Writ of Mandamus, to direct the first respondent to initiate proceedings as per the proceedings in Na.Ka.No. 4624/2018 Ku.The.2 dated 22.06.2018 and pass suitable orders in respect of the society elections for the society No.1527,

Salem District, Medical Department, Employees Co.operative Thrift & Credit Society Limited, GMKM College Hospital, Salem.

2. According to the petitioner, he sent a complaint to the first respondent against the second respondent alleging certain irregularities said to have committed by him and pursuant to which, he received a notice of enquiry and accordingly, the petitioner appeared before the first respondent for enquiry and submitted all relevant materials regarding the irregularities and malpractice committed by the second respondent. However, since no final orders have been passed by the first respondent after enquiry, the petitioner has come forward with the present Writ Petition.

3. Today, when the matter is taken up for hearing, the learned Government Advocate appearing for the respondents would submit that subsequently, the first respondent passed final orders vide proceedings dated 18.7.2018 in Na.Ka.No.4685/2018/Ku.The.2 and she also produced a copy of the proceedings before this Court.

4. In view of the afore said proceedings, dated 18.7.2018, passed by the first respondent, this Court finds that nothing survives for adjudication in this Writ Petition. If the petitioner is still aggrieved by the said proceedings, he is at liberty to work out his remedy in the manner known to law before the appropriate forum.

5. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected WMP is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar TO:

1.The Commissioner, O/o.Tamilnadu State Co-Operative Society, Election Commission, No.273, Anna Salai, Teynampet, Chennai- 600 018.

2.The Joint Registrar/District Election Officer(Co-operative), District Collector Office Campus, Salem.

+1cc to Government Pleader sr.no.25693 W.P. No.7056 of 2019 nr 03/05/2019