S.Velavan, v. The Deputy Registrar Of Coop.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2015
CORAM
THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.No.3906 of 2015 & M.P.No.1 of 2015 S.Velavan ... Petitioner
Versus
1. The Deputy Registrar of Co-operative Societies,
2. The Sale Officer/Deputy Registrar of Co-operative Societies,
3. The President, K.P.SPL.170, Vellavedu Primary Agricultural Co-operative Society, Vellavedu, Tiruvallur District.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India for the issuance of a writ of Certiorari calling for the entire records relating to the impugned order passed by the 1st Respondent in his proceedings E.P.No.1/2012/13 A-1, dated 13.01.2015 and consequential order passed by the 1st Respondent on 28.01.2015 for bringing the said property for public auction to be held on 04.03.2015 and quash the same.
For Petitioner : Mr.C.Prakasam For Respondents 1 to 3 : Mr.L.P.Shanmugasundaram Spl. Govt. Pleader
O R D E R
The petitioner has filed the present writ petition to issue a writ of certiorari calling for the entire records relating to the impugned order passed by the 1st Respondent in his proceedings E.P.No.1/2012/13 A-1, dated 13.01.2015 and consequential order passed by the 1st Respondent on 28.01.2015 for
bringing the said property for public auction to be held on 04.03.2015 and quash the same.
2. Learned counsel for the petitioner sought for the permission of this Court to withdraw the writ petition and also made an endorsement to that effect in the petition. Learned counsel further submitted that the District and Sessions Court, Tiruvallur may be directed to consider the stay petition filed by the petitioner in CMA.No.2 of 2013 tommorrow itself for the reason that the auction of the property is scheduled to be held on 04.03.2015 at 11.00a.m.
3.Mr.L.P.Shanmugasundaram, learned Special Government Pleader appearing for the respondents submits that the concerned Government Pleader who is appearing for the respondents in CMA.No.2 of 2013 shall appear before the District Court, Tiruvallur, tommorrow when the application is taken up for hearing. 4.In these circumstances, having regard to the submissions made by the learned counsel on either side, this writ petition stands dismissed as withdrawn and the learned District and Sessions Court, Tiruvallur is directed to consider the petitioner's stay petition filed in CMA.No.2 of 2013 tommorrow itself and pass orders on merits and in accordance with law. As stated by the learned Special Government Pleader, the concerned Government Pleader who is appearing before the District Court, Tiruvallur, shall appear for the respondents when the matter is taken up for hearing. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar.
smi To
1. The District & Sessions Judge, Tiruvallur
2. The Deputy Registrar of Co-operative Societies,
3. The Sale Officer/Deputy Registrar of Co-operative Societies,
4. The President, KP. SPL.170, Vellavedu Primary Agricultural Co-operative Society, Vellavedu, Tiruvallur District.
+1cc to Mr.L.P.Shanmugasundaram, Advocate, S.R.No.11327 +1cc to Mr.C.Prakasam, Advocate, S.R.No.11225 W.P.No.3906 of 2015 NM(CO) CA(02/03/2015)