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Madras High CourtWP/16338/2017withdrawn dismissed

J.Padmanaban, v. The Deputy Registrar Of

2022-10-31Honourable Dr Justice Anita Sumanth5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.16338 of 2017 & WMP.No.17662 of 2017 J.Padmanaban ... Petitioner Vs.

1.The Deputy Registrar of Co-Operative Societies, Thiruvarur Circle, Thiruvarur District 2.The President 4799, Kattur Primary Agricultural Co-operative Credit Society Ltd.

Agathirunallur, Kudavasal Taluk, Thiruvarur District ... Respondents Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of certiorarified mandamus calling for the records pertaining to the orders passed by the first respondent in Na.Ka. 653/2016/Sa.Pa dated 22.02.2017 and quash the same and consequently direct the first respondent to conduct surcharge proceedings afresh in compliance with section 87(4) of the Tamil Nadu Co-operative Societies Act, 1983. For Petitioner : Mr.S.Kamadevan For Respondents : Mr.R.U.Dinesh Raj Kumar [R1] Additional Government Pleader : Mr.L.P.Shanmuga Sundaram [R2]

ORDER

Learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to file an appeal before the Tribunal. He has also made an endorsement to this effect.

2. Liberty is granted to the petitioner to file an appeal in terms of Section 152 of the Tamil Nadu Co-operative Societies Act, 1983 before the Tribunal within a period of four weeks from today.

3. The petitioner is enjoying interim protection granted on 29.06.2017 on condition that a sum of Rs.75,000/- be remitted within a period of eight weeks from date of receipt of copy of that order. The petitioner states that this order has been complied with and learned counsel for the respondents do not dispute the same.

4. In light of the endorsement made, this writ petition is dismissed as withdrawn with liberty granted as aforesaid. Connected miscellaneous petition is closed. No costs.

31.10.2022 ska Index : Yes/No Speaking Order/Non speaking Order Note: Registry is directed to return

the original impugned order.

To 1.The Deputy Registrar of Co-Operative Societies, Thiruvarur Circle, Thiruvarur District 2.The President 4799, Kattur Primary Agricultural Co-operative Credit Society Ltd.

Agathirunallur, Kudavasal Taluk, Thiruvarur District

DR.ANITA SUMANTH,J.

ska W.P.No.16338 of 2017 & WMP.No.17662 of 2017 31.10.2022