D.Umamaheswari v. The Deputy Registrar Of Co-Operative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Umamaheswari .. Appellant Vs 1 The Deputy Registrar of Co-operative Societies Vellore Circle, Vellore District.

2 K.Manogaran 3 P.Devika 4 M.Kalaiyarasi 5 B.Chandrasekar .. Respondents Prayer: Appeal under Clause 15 of the Letters Patent to set aside the order passed by the learned Single Judge in W.P.No. 28773 of 2022, dated 01.12.2022 For the Appellant : Mr.L.P.Shanmugasundaram

JUDGMENT

(Delivered by the Hon'ble Acting Chief Justice) After some arguments, learned counsel for the appellant sought permission of the Court to withdraw the writ appeal with liberty to approach the appellate authority under Section 152 of the Tamil Nadu Cooperative Societies Act, 1983. Learned counsel for the appellant also prays for exclusion of the period spent during the pendency of the writ petition and the writ appeal for the purpose of calculating limitation.

2. In view of the above, the writ appeal is dismissed as withdrawn with liberty as prayed for. If any appeal is filed by the appellant, the period spent by the appellant in the course of the writ petition and the writ appeal may be excluded by the appellate authority for the purpose of calculating limitation.

3. The Registry is directed to forthwith return the original impugned order to learned counsel for the appellant under due

acknowledgment, after substituting it with a copy thereof. There will be no order as to costs. Consequently, C.M.P.No.513 of 2023 is closed.

(T.R., ACJ.) (D.B.C., J.) 10.01.2023 Index : Yes/No bbr To:

The Deputy Registrar of Co-operative Societies Vellore Circle, Vellore District.

T.RAJA, ACJ.

AND D.BHARATHA CHAKRAVARTHY, J.

bbr 10.01.2023