Madras High CourtWP(MD)/9105/2023dismissed

Sridharan.M.K v. The Joint Registrar Cooperative Societies

2023-04-20Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.8242 of 2023 1.M.K.Sridharan 2.N.Govindaraj ... Petitioners Vs 1.The Joint Registrar of Co-operative Societies, Tamil Nadu Co-operative Department, Ramanathapuram District, Ramanathapuram.

2.The Deputy Registrar of Co-operative Societies, Tamil Nadu Co-operative Department, Paramakudi Circle, Paramakudi, Ramanathapuram.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to forbear to initiate criminal prosecution based on the inquiry conducted under Section 81 of Tamil Nadu Co-operative Societies Act ordered by second respondent vide Na.Ka.No.824/2019/PACCS dated 29.10.2019 in Q 1245, 1/4

Vallam Primary Agricultural Co-operative Credit Soceity, Nainarkoil Circle, Paramakudi Taluk by considering their representation dated 26.03.2023. For Petitioners : Mr.Raja Karthikeyan For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.The prayer in the writ petition is for forbearing the respondents from initiating criminal prosecution against the petitioner herein. 3.Section 41(d) of the Specific Relief Act, 1963 states an injunction cannot be granted to restrain any person from instituting or prosecuting any proceeding in a criminal matter. The prayer is not maintainable. Leaving open all the contentions and defenses of the writ petitioners, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

20.04.2023 Index : Yes / No Internet : Yes/ No NCC : Yes / No MGA 2/4

To 1.The Joint Registrar of Co-operative Societies, Tamil Nadu Co-operative Department, Ramanathapuram District, Ramanathapuram.

2.The Deputy Registrar of Co-operative Societies, Tamil Nadu Co-operative Department, Paramakudi Circle, Paramakudi, Ramanathapuram.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)No.8242 of 2023 20.04.2023 4/4