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Madras High CourtWP(MD)/5704/2020dismissed

K. Ramar v. The Registrar

2020-07-13Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.5704 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5704 of 2020 and W.M.P.(MD)No.4969 of 2020 K.Ramar ... Petitioner Vs 1.The Registrar, Milk Production and Diary Development Department, Madhavaram Milk Colony, Chennai - 51.

2.The Deputy Registrar, Milk Production and Diary Development Department, Madurai Aavin Complex, Madurai - 20.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 & 2 not to register any new society within the area of operation of Petitioner's society i.e., Melathirumanickam Village and to strictly adhere to Section 9(1)(d) of the Tamil Nadu Cooperative Societies Act, 1983 and Rule 7(5) of Tamil Nadu Cooperative Societies Rules, 1988, before registering a new society, considering the petitioner's representation dated 13.03.2020.

For Petitioner : Mr.T.Ayngaraprabhu For Respondents : Mr.E.Mareeskumar, Standing Counsel

O R D E R

Heard the learned counsel on either side.

2.The prayer made in the writ petition for directing the authorities not to register any new society within the petition mentioned area of operation.

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W.P.(MD)No.5704 of 2020 3.When the matter was taken up for disposal, the learned standing counsel appearing for the respondents submitted that a new society has been registered. Therefore, the writ petition has become infructuous. It is dismissed accordingly. I make it clear that I have not gone into the merits of the matter. The rights of the petitioner are left open. The learned standing counsel is directed to serve a copy of the order registering the new society to the learned counsel for the petitioner so that the petitioner can challenge the same.

4.The writ petition is dismissed with the aforesaid direction to the respondents and liberty to the petitioner. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Registrar, Milk Production and Diary Development Department, Madhavaram Milk Colony, Chennai - 51.

2.The Deputy Registrar, Milk Production and Diary Development Department, Madurai Aavin Complex, Madurai - 20.

W.P.(MD)No.5704 of 2020 13.07.2020 SPU(17.07.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2