M.Kanipaul v. The Registrar Of Co-Operative Societies,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and C.M.P.[MD]No.4286 of 2021 M.Kanipaul : Appellant/Petitioner Vs.

1.The Registrar of Co-operative Societies, 170, Periyar EVR Highways, Kilpauk, Chennai-600 010.

2.Deputy Registrar / Special Officer, Kanyakumari District Central, Co-operative Bank, Alexandra Press Road, Nagercoil - 629 001.

Kanyakumari District.

: Respondents/ Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the common order dated 03.02.2021, in W.P.[MD] No.7280 of 2012 and allow the writ appeal.

PRAYER IN WP(MD). 7280 OF 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue appropriate writ, order or direction in the nature of a Writ of Certiorari calling for the records relating to the impugned proceedings issued by the 1st respondent Registrar vide Na.Ka.No.26539/2012/Ma.Va.Pa.1 dated 14/5/12 directing the 2nd respondent Deputy Registrar / Special Officer to pass orders reverting the petitioner from the post of Assistant to that of Sub-Staff Quash The Same. For Appellant : Mr.S.Balamurugan For Respondent No.1 : Mr.A.K.Manickam, Standing Counsel for Government For Respondent No.2 : Mr.D.Shanmugaraja Sethupathi

JUDGMENT

*************** [Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] With the consent on either side, this Writ Appeal is taken up for final disposal.

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2.Heard Mr.S.Balamurugan, learned Counsel appearing for the appellant, Mr.A.K.Manickam, learned Standing Counsel for Government appearing for the first respondent and Mr.D.Shanmugaraja Sethupathi, learned Counsel appearing for the second respondent. 3.After elaborately hearing the learned Counsel for the parties, we are of the considered view that the learned Single Bench rightly rejected the relief sought for in the writ petition by taking note of the decision of the Hon'ble Supreme Court in the case of Annamalai University represented by Registrar Vs. Sibi Madan Gabriel and others [(2009) 4 SCC 590]. The appellant has not made out any case to interfere with the said order. 4.Accordingly, the Writ Appeal stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) MR/RR 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 of Co-operative Societies, 170, Periyar EVR Highways, Kilpauk, Chennai-600 010.

2.Deputy Registrar / Special Officer, Kanyakumari District Central, Co-operative Bank, Alexandra Press Road, Nagercoil - 629 001.

Kanyakumari District.

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+1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR18696[F] dated 03/06/2021 ) +1 CC to M/s.SPL GP ( SR-18807[F] dated 04/06/2021 ) 02.06.2021 KK(15.06.2021) 3P 5C 3/4