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Madras High CourtWP/13043/2024allowed

V.Moorthy v. The Deputy Registrar Of Co-Operative

2024-08-30Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.14205 and 26261 of 2024 V.Moorthy ... Petitioner -Vs1. The Deputy Registrar Of Co-Operative Societies, Krishnagiri Circle, Krishnagiri.

2. The Sub Registrar, Registration Department, Kaveripattinam, Krishnagiri District.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records of the notice in CEP No.02/2024 / sa.pa2 dated 29.04.2024 on the file of the 1st respondent quash the same.

For Petitioner : Mr.M.S.Palaniswamy For Respondents : Mr.M.Rajendran Government Advocate

ORDER

This writ petition has been filed for the issuance of writ of certiorari, calling for the records of the notice in CEP No.02/2024 / sa.pa2 dated 29.04.2024 on the file of the 1st respondent and to quash the same.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The first respondent filed counter and assured that they will not press or proceed further action on the notice CEP No.02/2024/sa.pa2 dated 29.04.2024. In view of the interim order granted by this Court in W.M.P.No.14205 of 2024 in W.P.No.13043 of 2024, on 08.05.2024, the first respondent assured to withdraw the said notice in CEP No.02/2024 / sa.pa2 dated 29.04.2024.

4. In view of the above, the impugned notice cannot be sustained and is liable to be quashed. Accordingly, the impugned notice in CEP No.02/2024 / sa.pa2 dated 29.04.2024 passed by the first respondent is hereby quashed. The first respondent is at liberty to proceed with the enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act as against the petitioner, in the manner known to law.

5. Accordingly, this writ petition stands allowed. Consequently, connected Miscellaneous petitions are closed. No costs. 30.08.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Deputy Registrar Of Co-Operative Societies, Krishnagiri Circle, Krishnagiri.

2. The Sub Registrar, Registration Department, Kaveripattinam, Krishnagiri District.

30.08.2024