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Madras High CourtWA/206/2018disposed of

K.K. Sivasubramanian v. The Registrar Of Co.Op

2018-04-25Honourable Mr Justice M.Dhandapani,Honourable Mr Justice Huluvadi G. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2018

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.A.No.206 of 2018 and C.M.P.Nos.1578 and 1579 of 2018 K.K.Sivasubramanian ...

Appellant/Petitioner -vs1.The Registrar of Cooperative Societies, No.170, Periyar E.V.R. Highway, Kilpauk, Chennai-600 010.

2.The Additional Registrar of Cooperative Societies (Financing and Banking), Office of the Registrar of Cooperative Societies, No.170, Periyar E.V.R. Highway, Kilpauk, Chennai-600 010.

3.The Joint Registrar of Cooperative Societies, Room No.213, Second Floor, Collectorate, Ariyalur, Ariyalur District.

4.The Deputy Registrar of Co-operative Societies, Room No.220, Second Floor, Collectorate, Ariyalur, Ariyalur District.

...

Respondents/Respondents Appeal filed under Clause 15 of the Letters Patent, against the order passed by this Court in W.P.No.875 of 2018 dated 12.01.2018.

PRAYER IN WP.875 OF 2018:

Writ Petition filed Under Article 226 of the Constitution of India to issue a writ of Certiorari calling for the records of the impugned order of Transfer bearing No.Na.Ka.86091/ 2017/ Pa.Tho.2 dated 09.01.2018 passed by the 2nd Respondent herein and quash the same.

For Appellant ::

Mr.Jothimanian for Mr.K.Balu For Respondents::

Mr.L.P.Shanmugasundaram, Additional Government Pleader

JUDGMENT

(Made by HULUVADI G.RAMESH, J.) The appellant filed a writ petition before this Court in W.P.No.875 of 2018 challenging the order of transfer dated 09.01.2018 passed by the second respondent, transferring him from Ariyalur Division to Tiruppur Division. The said writ petition was dismissed by order dated 12.01.2018 holding that the order of transfer passed by the second respondent was due to administrative exigency and the same cannot be questioned. 2.The said order passed by the learned single Judge is challenged in this appeal.

3.When this writ appeal was taken up, the learned Additional Government Pleader appearing for the respondents has produced a copy of the proceedings of the Additional Registrar (Finance and Banking), Office of the Registrar of Cooperative Societies, Chennai-10, the second respondent herein, wherein it is stated that if the appellant makes any representation in this regard, it would be considered positively.

4.In view of the above, it is for the appellant to submit a representation to the second respondent for consideration and passing appropriate orders. The appellant shall make a representation to the second respondent in this connection, within a period of two weeks from the date of receipt of a copy of this judgment, which shall be considered and appropriate orders be passed by the second respondent within a period of four weeks from the date of its receipt.

5.The writ petition is disposed of accordingly. No costs. Consequently the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar KM

To 1.The Registrar of Cooperative Societies, No.170, Periyar E.V.R. Highway, Kilpauk, Chennai-600 010.

2.The Additional Registrar of Cooperative Societies (Financing and Banking), Office of the Registrar of Cooperative Societies, No.170, Periyar E.V.R. Highway, Kilpauk, Chennai-600 010.

3.The Joint Registrar of Cooperative Societies, Room No.213, Second Floor, Collectorate, Ariyalur, Ariyalur District.

4.The Deputy Registrar of Co-operative Societies, Room No.220, Second Floor, Collectorate, Ariyalur, Ariyalur District.

+1cc to Mr.K.BALU Advocate, S.R.No.30661 +1cc to the Government Pleader, S.R.No.31806 W.A.No.206 of 2018 and C.M.P.Nos.1578 and 1579 of 2018 SKV(CO) TR(18/05/2018)