K.R. Thangavel v. D. Radhakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2021

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.A.No.1553 of 2016 and CMP.No.19055 of 2016

1. K.R.Thangavel

2. P.Ravichandran

3. K.Neethichelvan

4. V.Singaram

5. P.Perumal

6. P.Valli ... Appellants -vs1. D.Radhakrishnan

2. The Joint Registrar of Co-operative Societies, Perambalur Region, Perambalur Town, Perambalur Taluk and District.

3. The Deputy Registrar, Perambalur Circle, Perambalur Town, Perambalur Taluk and District.

4. The Co-operative Sub-Registrar/ Field Officer, No Confidence Motion Enquiry Officer, R-413, Ogalur Primary Agricultural Co-operative Credit Society, Ogalur Village and Post, Kunnam Taluk, Perambalur District.

... Respondents Writ Appeal filed under Clause 15 of the Letters Pattent against the order dated 29.08.2016 passed in W.P.No.30197/2016 by a learned Single Judge of this Court.

W.P.No.30197 of 2016:

Writ Petition filed under Article 226 of the Constitution of India, praying for Writ of Certiorari, order calling for the records of the 2nd respondent in his proceedings under Rule 62 of the Tamilnadu Cooperative Society Rules bearing Na.Ka. 1720/2016/Sa.Pa dated 18.8.2016 and Na.Ka.1720/2016/Sa.Pa (2) dated 25.8.2016 and quash the same.

For Appellants : Mr.P.Mani For Respondents: Mr.G.Ilamurugan for R1 Ms.A.B.Reehana Begum, Government Advocate for R2

JUDGMENT

(Judgment of the Court was pronounced by T.RAJA, J.) The Writ Appeal has been preferred against the order dated 29.08.2016 passed in WMP.No.26180/2016 in W.P.No.30197/2016 by a learned Single Judge of this Court, thereby staying the ''No Confidence Resolution'' and allowing the 1st respondent herein to act as President of Ogalur Primary Agricultural Co-operative Credit Society until further orders.

2.

When the matter was called today, learned Counsel for the appellants fairly submitted that the tenure of the elected president of Ogalur Primary Agricultural Co-operative Credit Society had already expired. Therefore, nothing survives for adjudication in this Writ Appeal and recording the same, the Writ Appeal may be disposed of.

3. Recording the submission of the learned Counsel for the appellants that the prayer in the Writ Appeal has already become infructuous, the present Writ Appeal is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is also dismissed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar tsi To

1. The Joint Registrar of Co-operative Societies, Perambalur Region, Perambalur Town, Perambalur Taluk and District.

2. The Deputy Registrar, Perambalur Circle, Perambalur Town, Perambalur Taluk and District.

3. The Co-operative Sub-Registrar/ Field Officer, No Confidence Motion Enquiry Officer,

R-413, Ogalur Primary Agricultural Co-operative Credit Society, Ogalur Village and Post, Kunnam Taluk, Perambalur District.

+1 Cc to Mr.Ilamurugan, Advocate sr 21990.

W.A.No.1553/2016 JPL(CO) SP(30/06/2021)