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Madras High CourtWP/26267/2016withdrawn dismissed

K.Elumalai, President To v. Deputy Registrar

2016-07-28Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.26267/2016 & WMP.No.22521/2016 K.Elumalai .. Petitioner

Versus

1.The Deputy Registrar [Cooperative Societies] Suo Motto Surcharge Proceedings Officer, Cheyyar, Thiruvannamalai District.

2.S.Jayashankar S/o.Shanmugam Secretary [under suspension] Vinnamangalam Primary Agriculture Coop. Credit Society, 1/29, Perumal Koil Street, Kunnathur Village Arani Taluk, Thiruvannamalai District.

3.Thiru S.Sekar S/o.Subramani Vinnamangalam Primary Agriculture Coop. Credit Society, 1/29, Perumal Koil Street, Kunnathur Village Arani Taluk, Thiruvannamalai District. ..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of certiorarified mandamus calling for the records of the 1st respondent pertaining to surcharge proceedings 6/2015-16 dated 28.12.2015 and quash the same and forbearing the 1st respondent from initiating any action against this petitioner.

For Petitioner : Mr.T.Vijayan For Respondent No.1 : Mr.R.Bala Ramesh, AGP [Coop.] https://hcservices.ecourts.gov.in/hcservices/

ORDER

The learned counsel for the petitioner, after some arguments seeks permission of this Court to withdraw this writ petition and to pursue the appeal remedy u/s.152 of the Tamil Nadu Cooperative Societies Act, 1983 and also made an endorsement in the writ petition to that effect.

In view of the above, the writ petition is dismissed as withdrawn. Liberty sought for by the petitioner is granted. No costs. Consequently, the connected miscellaneous petition is also dismissed.

The Registry is directed to hand over the original of the impugned order to the learned counsel for the petitioner after getting necessary and proper acknowledgment. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar AP To The Deputy Registrar [Cooperative Societies] Suo Motto Surcharge Proceedings Officer, Cheyyar, Thiruvannamalai District.

Copy to The Section Officer, Current Section, High Court, Madras.

(To return the impugned order to the learned Counsel for petitioner) +1cc to Mr.T.Vijayan, Advocate Sr.43308 +1cc to the Government Pleader Sr.43023 W.P.No.26267/2016 tm[co] srg 11/08/2016 https://hcservices.ecourts.gov.in/hcservices/