Madras High CourtWP/24929/2023withdrawn dismissed

V.Muthukrishnan v. The Deputy Registrar / Returning Officer

2023-11-21Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 24358 of 2023

1. V.Muthukrishnan

2. S.Jagajeevanram ... Petitioners -vs1. The Deputy Registrar/Returning Officer, Registrar of Co-operative Societies, No. 170, N.V.Natarajan Maaligai, Periyar EVR High Road, Poonamalee High Road, Kilpauk, Chennai - 600 010.

2. K.Shoba Pushpakala

3. Nanda Gopal

4. Basakaran ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to consider the representation dated 24.06.2023 sent by the Petitioners herein as to declare the meeting conducted by the Second Respondent, Smt. Shobha 1/4

Pushpala dated 02.03.2023 as illegal, void and to cancel notification dated 02.03.2023 appointing New President Mr. Nandha Gopal, the Third Respondent, Vice President Mr. Baskaran, the Fourth Respondent and Treasurer Smt. K.Shoba Pushpakala, the Second Respondent and to cancel the subsequent election notice dated 07.07.2023 and also permit the Petitioners as President and as Vice President.

For Petitioner :

Mrs. B.Neelambikai For Respondents :

Mr. U.Baranidharan, Additional Government Pleader (for R1) Mr. S.S.Rajesh (for R2 to R4)

O R D E R

Learned Counsel for the Petitioner submits that the election in pursuance of the notice dated 07.07.2023, which is the subject matter of the Writ Petition, has been postponed indefinitely and as such, the relief sought in the Writ Petition does not survive for consideration. In such circumstances, she seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to agitate his rights, if any cause of action for the same matter arises in future, and she has made an endorsement to that effect in the court record. 2/4

In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently, the connected Miscellaneous Petition is closed. No costs.

21.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 14.02.2024.

vjt To The Deputy Registrar/Returning Officer, Registrar of Co-operative Societies, No. 170, N.V.Natarajan Maaligai, Periyar EVR High Road, Poonamalee High Road, Kilpauk, Chennai - 600 010.

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P.D. AUDIKESAVALU, J.

vjt 21.11.2023 4/4