The Administrator v. V.Bose

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P(MD)No.9074 of 2023 The Administrator, R.R.1398 Melaselvanoor Primary Agri.

Cooperative Credit Society, Melaselvanoor, Kadaladi Taluk, Ramanathapuram District. ... Appellant/3rd respondent Vs.

1.V.Bose ... 1st respondent/writ petitioner 2.The Joint Registrar of Cooperative Societies, Ramanathapuram.

3.The Deputy Registrar of Cooperative Societies, Madurai Road, Paramakudi, Ramanathapuram District.

... 2nd &3rd respondents/1st and 2nd respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order made in W.P(MD)No.16488 of 2019 dated 16.09.2022. For Appellant :Mr.P.Mahendran 1/5

For R-1 :Mr.S.Kumar For R-2 & R-3 :Mr.M.Lingadurai, Special Government Pleader ***

JUDGMENT

(Judgment of the Court was delivered by S.S.SUNDAR, J.) Heard Mr.P.Mahendran, learned counsel for the appellant, Mr.S.Kumar, learned counsel for the first respondent and Mr.M.Lingadurai, learned Special Government Pleader for respondents 2 and 3.

2. Challenging the order of the learned Single Judge, dated 16.09.2022 made in W.P(MD)No.16488 of 2019, the appellant society has preferred this writ appeal.

3. The first respondent/writ petitioner, who served in the appellant society has filed the writ petition seeking for a direction to settle all the service and retiral benefits to him.

4. The learned Single Judge has allowed the writ petition and directed the appellant to settle the service and retirement benefits of the 2/5

writ petitioner within a period of eight weeks from the date of receipt of the order. Challenging the said order, the appellant society has filed this writ appeal.

5. Though various grounds have been raised, the learned counsel appearing for the appellant submitted that the order of the learned Single Judge cannot be sustained as the Society is facing some financial costraints.

6. However, even before the learned Single Judge, the appellant has not disputed the liability and therefore, this Court cannot now countenance the argument of the learned counsel for the appellant.

7. In view of the above, this Court is unable to find any reason to interfere with the order of the learned Single Judge. Therefore, this writ appeal is liable to be dismissed. Hence, this writ appeal is dismissed. No Costs. Consequently, connected Miscellaneous Petition is closed. [S.S.S.R., J.] [D.B.C., J.] 27.07.2023 Index : Yes / No NCC : Yes/No pm 3/5

To 1.The Joint Registrar of Cooperative Societies, Ramanathapuram.

2.The Deputy Registrar of Cooperative Societies, Madurai Road, Paramakudi, Ramanathapuram District.

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S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY , J.

pm 27.07.2023 5/5