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Madras High CourtWP/23944/2022closed

P.Subramanian v. The Deputy Registrar Of Co-Operative Societies

2022-11-09Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH P.Subramanian

...Petitioner

Vs.

1.The Deputy Registrar of Co-operative Societies, Nagappattinam Circle, Nagapattinam District 2.The Secretary, Z.A.86, Adhinakudi Primary Agricultural, Co-operative Credit Society Ltd.

Adhinakudi & Post, Nagappattinam Taluk & District

...Respondents

Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of mandamus directing the first respondent to furnish a certified copy of the surcharge award passed in Na.Ka.2338/2015/Ku.Na dated 22.10.2016 and the consequent Surcharge E.P.No.12/2016-17 dated 03.03.2017 by considering the representations dated 29.07.2022 and 12.08.2022.

For Petitioner : Ms.K.Priyavarshini For Respondents : Mr.R.U.Dinesh Rajkumar [R1] Additional Government Pleader : Mr.V.Ravi [R2] Special Government Pleader

ORDER

Read this order in conjunction with order dated 07.09.2022 that reads as follows:

Mr.M.Muthusamy, learned Government Advocate accepts notice for R1 and Mr.V.Ravi, learned Special Government Pleader accepts notice for R2. They seek some time to obtain instructions and file a counter.

2. The petitioner prays for a mandamus simplicitor seeking a certified copy of surcharge award dated 22.10.2016 and consequent surcharge EP dated 03.03.2017.

3. The petitioner claims that he is in receipt of neither of the aforesaid two proceedings, but came to know of the same when coercive recovery proceedings by way of attachment of his daughter's property were initiated some time in July, 2022. He has also made representations dated 29.07.2022 and 12.08.2022 with the same request as set out in this Writ Petition.

4. Learned counsel for R1, who is to supply the copies, wishes to take instructions.

5. List on 30.09.2022 to enable the learned counsel to obtain written instructions/file counter.

6. Liberty is granted to R1 to serve copies, even pending Writ Petition in a manner known to law.

2. The matter was adjourned thereafter to await counter, which has not been filed thus far.

3. However, Ms.K.Priyavarshini, learned counsel for the petitioner confirms today that the mandamus as sought for stands achieved since, pending writ petition, the petitioner has been furnished a certified copy of the Surcharge Award dated 22.10.2016 as well as Surcharge E.P.No.12/2016-17 dated 03.03.2017.

4. Recording the aforesaid and as nothing further survives in this matter, this writ petition is closed. No costs. 09.11.2022 ska Index : Yes/No Speaking Order To The Assistant Commissioner [CT] Nandanam Assessment Circle, No.46, Greenways Road, Chennai-28

DR.ANITA SUMANTH,J.

Ska 09.11.2022