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Madras High CourtWP/21759/2019dismissed as infructuous

L.K.Manokaran v. The Registrar Of Co-Operative Societies,

2023-03-30Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

WIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.03.2023

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN L.K.Manokaran ... Petitioner Vs.

1. The Registrar of Co-operative Societies No.170, NV Natarajan Maligai (Opp. To Ega Theatres) Poonamallee High Road Chennai - 600 010

2. The Deputy Registrar of Co-operative Societies Salem Region, Salem - 636 001

3. The Joint Registrar of Co-operative Societies Salem Region Salem - 636 001

4. The Tamil Nadu State Transport Corporation Employees Co-operative Thrift and Credit Society Salem

5. The Deputy Superintendent of Police Vigilance and Anti Corruption Namakkal

6. The Administrator Office of the Deputy Registrar of Co-operative Societies Salem Region Salem- 636 001 ... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus of direction in the nature of the writ directing the respondents 1 to 3 to consider the petitioner's representation dated 27.04.2019 whereby requesting to revoke his suspension order dated 10.12.2018 in Na.Ka.5781/2018/NV(1).

For Petitioner :

No Appearance For Respondents :

Mr.T.Chezhian Additional Government Pleader -----

O R D E R

This Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to consider the petitioner's representation dated 27.04.2019, requesting to revoke his suspension order dated 10.12.2018 in Na.Ka.5781/2018/NV(1).

2. The grievance of the petitioner is that he was working as Secretary in the 4th respondent/Society. While so, on 05.12.2018, based on a complaint dated 05.12.2018, given by one Nani Goundan, a case in Crime No.14/AC/2018 was registered by the 5th respondent on 07.12.2018 for the 2/6

offences under Sections 7(a) and 12 of the Prevention of Corruption (Amendment) Act, 2018 against the petitioner and one another for allegedly demanding bribe of Rs.5,000/- from the said Nani Goundan. In the said case, the petitioner was arrayed as 2nd accused and remanded to judicial custody for about 30 days. Meanwhile, the 2nd respondent, by proceedings in Na.Ka.5781/2018/NV(1) dated 10.12.2018 issued a suspension order under Section 76(1) of Tamil Nadu Co-operative Societies Act, 1983 stating that the petitioner was placed under suspension from 08.12.2018. Therefore, the petitioner has come forward with the present writ petition.

3. Today, when the mater is taken up for hearing, there is no representation for the petitioner.

4. The learned Additional Government Pleader appearing for the respondents submitted that the suspension order of the petitioner dated 10.12.2018 in proceedings No.Na.Ka.5781/2018/NV(1), was revoked on 28.06.2019 itself and the petitioner has also rejoined in duty. Therefore, nothing survives for adjudication.

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5. This Court considered the submission of the learned Additional Government Pleader appearing for the respondents that the representation of the petitioner has already been considered and the suspension oder of the petitioner dated 10.12.2018 has already been revoked and the petitioner has also rejoined in duty and hence, nothing survives for adjudication in the present writ petition.

6. Therefore, the writ petition is dismissed as having become infructuous. There shall be no order as to costs. 30.03.2023 Index : Yes/No Speaking Order : Yes/No ksa-2 4/6

To

1. The Registrar of Co-operative Societies No.170, NV Natarajan Maligai (Opp. To Ega Theatres) Poonamallee High Road Chennai - 600 010

2. The Deputy Registrar of Co-operative Societies Salem Region, Salem - 636 001

3. The Joint Registrar of Co-operative Societies Salem Region Salem - 636 001

4. The Tamil Nadu State Transport Corporation Employees Co-operative Thrift and Credit Society Salem

5. The Deputy Superintendent of Police Vigilance and Anti Corruption Namakkal

6. The Administrator Office of the Deputy Registrar of Co-operative Societies Salem Region Salem- 636 001 5/6

V.BHAVANI SUBBAROYAN, J.

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