P.Mahalakshmi, v. The Depurty Registrar Of Coop.

2023:MHC:5311

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and M.P.Nos.1 & 2 of 2015 P.Mahalakshmi ... Petitioner Vs.

1.The Deputy Registrar of Coop. Societies, Mayiladuthurai Circle, Mayiladuthurai, Nagapattinam District.

2.The Managing Director/Deputy Registrar, Mayiladuthurai Consumer's Co-operative Wholesale Stores Ltd., T.917, No.5-B, Narayana Pillai Street, Mayiladuthurai - 609 001.

Nagapattinam District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to furnish copy of the enquiry report made under Section 81 of Tamil Nadu Cooperative Societies Act to the petitioner for enabling the petitioner to submit a detailed explanation for enquiry under Section 87 Surcharge Proceedings.

For Petitioner : Mr.C.Prakasam For R1 : M/s.M.Jayanthy Additional Government Pleader For R2 : M/s.T.P.Savitha

O R D E R

This writ petition is filed seeking for a direction to the respondents to furnish the copy of the enquiry report made under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983, to the petitioner enabling him to submit a detailed explanation under Section 87 Surcharge Proceedings.

2. The learned counsel for the petitioner would submit that subsequent to the filing of this writ petition the Surcharge Proceedings under Section 87 have been passed and the petitioner aggrieved by the said proceedings dated 10.04.2015 filed another writ petition in W.P.No.19594 of 2015.

3. Once the Surcharge Proceedings under Section 87 have already been issued, this writ petition seeking for a direction to furnish the enquiry report under Section 81 Tamil Nadu Co-operative Societies Act, 1983, enabling the petitioner to file a detailed explanation under the enquiry under Section 87

Surcharge Proceedings has become infructuous.

4. In view of the above, the relief sought for by the petitioner has become infructuous. However, the petitioner is at liberty to raise all the grounds, which he has raised in the present writ petition.

5. Accordingly, this Writ Petition stands dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed. 09.11.2023 Jeni Index : Yes Speaking order To 1.The Deputy Registrar of Coop. Societies, Mayiladuthurai Circle, Mayiladuthurai, Nagapattinam District.

2.The Managing Director/Deputy Registrar, Mayiladuthurai Consumer's Co-operative Wholesale Stores Ltd., T.917, No.5-B, Narayana Pillai Street, Mayiladuthurai - 609 001.

Nagapattinam District.

Dr.D.NAGARJUN, J.

Jeni 09.11.2023