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Madras High CourtWP/27093/2019withdrawn dismissed

R.Murugesan v. The Deputy Registrar Of Co Op Societies

2019-10-01Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.10.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition Nos.27093 and 26834 of 2019 in W.M.P.Nos.26468 and 26236 of 2019 R.Murugesan .. Petitioner in W.P.No.27093/2019 Tmt.Chandrabai .. Petitioner in W.P.No.26834/2019 /versus/ 1.The Deputy Registrar of Coop Societies, Tiruvannamalai Circle, Tiruvannamalai.

2.The Chengam Agricultural Producers Marketing Society Ltd., Chengam, Tiruvannamalai District by its President.

3.The Cooperative Sub Registrar/Sale Officer Office of the Deputy Registrar of Coop Societies, Vengikal, Tiruvannamalai.

.. Respondents 1 to 3 in both WP's 4.R.Murugesan .. 4th Respondent in W.P.No.26834/2019 Prayer in W.P.No.27093/2019:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the 1st and 3rd respondents from taking any further action in pursuance of the auction notice dated 02.08.2019 of the 3rd respondent without disposing of the petitioner's objection dated 29.01.2016 submitted as per the order of this Court's order dated 18.01.2016 in W.P.No.3265 of 2016 along with the objection dated 22.08.2019 submitted against the auction notice dated 02.08.2019 of the 3rd respondent, on merits and in accordance with law.

Prayer in W.P.No.26834/2019:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of

Mandamus forbearing the 1st and 3rd respondents from taking any further action in pursuance of the auction notice dated 02.08.2019 of the 3rd respondent without disposing of the petitioner's objection dated 29.01.2016 submitted as per the order of this Court's order dated 18.01.2016 in W.P.No.3265 of 2016 along with the objection submitted under Rule 135 of the Tamil Nadu Coop Societies Rules, 1988, on merits and in accordance with law.

For Petitioner :Mr.S.Venkataraman (W.P.No.27093/2019) For Petitioner :Mr.S.P.Yuvaraj (W.P.No.26834/2019) For Respondents :Ms.T.Girija, GA for R1 & R3 (both cases) Mr.L.P.Shanmuga Sundaram Spl.G.P.for R2 COMMON ORDER The learned counsels appearing for the petitioners in both the cases seek permission of this Court to withdraw these writ petitions and they have also made endorsement to that effect.

2. In view of the endorsement made by the learned counsel appearing for the petitioners, these Writ Petitions are dismissed as withdrawn with liberty to the petitioners to file fresh writ petition on the same cause of action. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CJ Conf) //True Copy// Sub Assistant Registrar ari To:

1.The Deputy Registrar of Coop Societies, Tiruvannamalai Circle, Tiruvannamalai.

2.The President, Chengam Agricultural Producers Marketing Society Ltd., Chengam, Tiruvannamalai District.

3.The Cooperative Sub Registrar/Sale Officer Office of the Deputy Registrar of Coop Societies, Vengikal, Tiruvannamalai.

+2cc to Mr.L.P.Shanmugasundaram, Advocate, S.R.No. 84598 & 84601 +2cc to the Special Government Pleader(CO.OP), S.R.No. 85054 W.P.Nos.27093 and 26834 of 2019 in W.M.P.Nos.26468 and 26236 of 2019 KK(CO) GN(05/11/2019)