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Madras High CourtWP/13235/2004disposed of

C.Vasanthakumari v. The Deputy Registrar Of

2017-09-07Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.13235 of 2004 C.Vasanthakumari .. Petitioner Vs The Deputy Registrar of Co-operative Societies, Thuckalay Circle, Thuckalay, Kanyakumari District.

.. Respondent Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari calling for the entire records relating to the impugned order passed by the respondent in his proceedings in Na.Ka.No.965/04.Sa.Pa., dated 10.04.2004 and quash the same.

For Petitioner : Mr.C.Prakasam For Respondent : Mr.L.P.Shanmugasundaram, Special Government Pleader (Co.op)

ORDER

The petitioner challenges the Surcharge Proceedings issued under Section 87 of the Tamil Nadu Co-operative Societies Act, by the Deputy Registrar of Co-operative Societies, the respondent herein.

2.The learned Special Government Pleader appearing for the respondent submitted that as against the surcharge proceedings, an appeal remedy is available to the petitioner under Section 152 of the Tamil Nadu Co-operative Societies Act. 3.The learned counsel for the petitioner also submitted that he is restricting his prayer and seeks a direction from this Court for filing an appeal under Section 152 of the Tamil Nadu Co-operative Societies Act.

4.In view of the above, the writ petition is disposed of https://hcservices.ecourts.gov.in/hcservices/

granting liberty to the petitioner to work out his remedy in the manner known to law. No costs. The period of pendency of this writ petition before this Court shall be excluded for the purpose of limitation, for filing appeal by the petitioner, as stated supra.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar KM To The Deputy Registrar of Co-operative Societies, Thuckalay Circle, Thuckalay, Kanyakumari District.

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

+1cc to Mr.C.Prakasam, Advocate, S.R.No.65296 W.P.No.13235 of 2004 GJ(CO) GN(12/10/2017) https://hcservices.ecourts.gov.in/hcservices/