N.Elumalai v. The Deputy Registrar Of Coop.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 15.03.2019 Coram The Hon'ble Mr.Justice D.KRISHNAKUMAR W.P.No.33031 of 2014 and M.P.Nos.1 & 2 of 2014 N.Elumalai
...Petitioner
Versus
1. The Deputy Registrar of Coop. Societies, Villupuram Circle, Villupuram District.
2. The President, CLSPL, 167 - Ottaivanoor Primary Agricultural Coop. Credit Society Limited, Ottaivanoor, Vanur Taluk, Villupuram District.
3. The Assistant Director of Coop. Audit, Villupuram Region, Villupuram District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the entire records relating to the impugned order passed by the first respondent in his proceedings Na.Ka.No.2375/2013 Tho.Vae.Sa.(2) dated 17.03.2014 and quash the same. For Petitioner : Mr.C.Prakasam For Respondents - 1 & 3 : Ms.T.Girija, Government Advocate Respondent - 2 : Mr.L.P.Shanmugasundaram, Special Government Pleader
O R D E R
The above Writ Petition has been filed seeking to call for entire records relating to the impugned order passed by the first respondent in his proceedings dated 17.03.2014 and to quash the same.
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2. The learned Government Advocate appearing for the respondents 1 & 3 has limited his objection by stating that the impugned order passed by the first respondent is only a intra communication between first respondent and second respondent, and the second respondent society has not communicated any order to the petitioner without any communication from the second respondent. The learned Government Advocate for the respondents 1 & 2 also undertakes that till any communication sent to the petitioner, question of recovery may not arise.
3. However, the learned counsel appearing for petitioner submitted that the impugned order is not maintainable and therefore, the same is liable to be set aside.
4. By considering the submissions made by the learned Government Advocate for the first respondent, this Court is of the view that the present Writ Petition is not maintainable. Accordingly, this Writ Petition stands dismissed. No costs. However, liberty is granted to the petitioner to challenge the impugned order in accordance with the provisions of law. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar //True Copy// mrr Sub Assistant Registrar To
1. The Deputy Registrar of Coop. Societies, Villupuram Circle, Villupuram District.
2. The President, CLSPL, 167 - Ottaivanoor Primary Agricultural Coop. Credit Society Limited, Ottaivanoor, Vanur Taluk, Villupuram District.
3. The Assistant Director of Coop. Audit, Villupuram Region, Villupuram District.
+1 cc to Mr.C.Prakasam, Advocate, S.R.No.25881 +1 cc to Mr.L.P.Shanmugasundaram, Advocate, S.R.No.24942 +1 cc to the Government Pleader, S.R.No.25138 W.P.No.33031 of 2014 KS(CO) SSM(27/04/2019).
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