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Madras High CourtWP/6030/2012dismissed as abated

C.Thirunavukarasar, v. The Joint Registrar Of Co-Op.

2023-12-18Honourable Mr.Justice Mummineni Sudheer Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2023 CORAM :

THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.6030 of 2012 C.Thirunavukarasar ... Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Tiruppur Region, Tiruppur.

2.The Deputy Registrar of Co-operative Societies, Erode Region, No.1, Thiruvenkadasamy Street, Erode.

3.The Special Officer, Alampadi Primary Agricultural Cooperative Credit Society Ltd., No.2179, Alampadi, Kangayam Taluk, Tiruppur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to the order dated 06.04.2011 made in Page No.1 of 4

Na.Ka.No.19966/2010/Ve.1 on the file of the 1st respondent, quash the same and consequently direct the respondents to disburse the remaining retirement benefits of Rs.5,12,415/- with 9% interest between the date of retirement and the date of payment.

For Petitioner : Mr.N.Manokaran For Respondents R1 & R2 : Mr.K.Surendran, Additional Government Pleader.

R3 : Mr.L.P.Shanmugasundaram

ORDER

On 16.06.2023, it was brought to the notice of this Court that the sole petitioner is no more, thereafter, the matter was adjourned on two occasions to enable the learned counsel for the petitioner to file appropriate application to bring the legal representatives of the deceased petitioner on record. However, no such application is filed as on date. 2.

On the other hand, it is represented by the learned counsel for the petitioner that in spite of his best efforts, he could not reach the legal representatives of the deceased petitioner. In the circumstances, this Court is Page No.2 of 4

left with no other alternative except to dismiss this writ petition as abated. Accordingly, this writ petition is dismissed as abated. 3.

However, it is made clear that if the legal representatives of the deceased petitioner intends to come on record and to prosecute the writ petition, they are at liberty to do so. The miscellaneous applications, if any, shall stand closed. No costs.

18.12.2023 Index :

Yes/No Speaking Order :

Yes/No dpa To:

1.The Joint Registrar of Co-operative Societies, Tiruppur Region, Tiruppur.

2.The Deputy Registrar of Co-operative Societies, Erode Region, No.1, Thiruvenkadasamy Street, Erode.

3.The Special Officer, Alampadi Primary Agricultural Cooperative Credit Society Ltd., No.2179, Alampadi, Kangayam Taluk, Tiruppur District.

Page No.3 of 4

MUMMINENI SUDHEER KUMAR,J.

dpa W.P.No.6030 of 2012 18.12.2023 Page No.4 of 4