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Madras High CourtWP(MD)/12376/2018dismissed as infructuous

K.Chellasamy,S/O.Karuppaiah v. The Joint Registrar Of

2018-06-18Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.12376 of 2018 and W.M.P(MD)No.11256 of 2018 K.Chellasamy ... Petitioner -Vs1. The Joint Registrar of Co-operative Societies, Sivagangai District, Sivagangai.

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

3. The Co-operative Sub Registrar/Enquiry Officer, NN549-Sakkoor Primary Agricultural Co-operative Credit Society, Sivagangai Circle, Sivagangai District, Sivagangai.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records pertaining to the impugned enquiry report filed by the third respondent dated 13.11.2017 and consequential notice issued by the second respondent made in Na.Ka.No.223/17/Sapa(2) dated 08.03.2018 and quash the same. For Petitioner : Mr.D.Sadiq Raja For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader

ORDER

This writ petition is filed for issuing a Writ of Certiorari to quash the report of the third respondent, dated 13.11.2017 issued under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 and the consequential proceedings dated 08.03.2018 of the second respondent issued under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983.

https://hcservices.ecourts.gov.in/hcservices/ 2.The learned Additional Government Pleader appearing for the respondents submitted that the surcharge proceedings have been

withdrawn and that therefore, the writ petition has become infructuous.

3.Considering the representation of the respondents that the surcharge proceedings under Section 87 of the Tamil Nadu Cooperative Societies Act, dated 08.03.2018 has been withdrawn and the petitioner is only a member of the Society, this Court is able to see that the writ petition has become infructuous and hence, the writ petition is liable to be dismissed. 4.As a result, this Writ Petition is dismissed as infructuous. However, it is made clear that the petitioner is entitled to agitate his right as a member of the Society, in case any further proceeding is initiated against the petitioner in future. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Joint Registrar of Co-operative Societies, Sivagangai District, Sivagangai.

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

3. The Co-operative Sub Registrar/Enquiry Officer, NN549-Sakkoor Primary Agricultural Co-operative Credit Society, Sivagangai Circle, Sivagangai District, Sivagangai.

+1cc to Mr.D.Sadiq Raja, Advocate Sr.No.68664 +1cc to SPECIAL GOVERNMENT PLEADER, Sr.No.68631 Rmi MK/SB/SAR 4/27.06.2018/2P/6C W.P.(MD)No.12376 of 2018 and W.M.P(MD)No.11256 of 2018 18.06.2018 https://hcservices.ecourts.gov.in/hcservices/