Madras High CourtWP(MD)/1093/2019dismissed as infructuous

V.Palaniappan, S/O.Vellaichamy v. The State Of Tamil Nadu,

2019-08-21Honourable Mr Justice K. Ravichandrabaabu,Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU and THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)Nos.1093 and 1094 of 2019 and WMP(MD)Nos.910 to 913 of 2019 V.Palaniappan ... Petitioner in both W.Ps.

- Vs. -

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Cooperative Food & Consumer Protection Department, Fort St. George, Chennai-9.

... 1st respondent in W.P.(MD)No.1093/2019

2. The Election Commissioner, Tamil Nadu State Co-Operative Societies, Rep.By Election Commissioner, No.273, Kamadhenu Super Market, 1st Floor, Annasalai, Chennai-18.

3. The Director, Tamil Nadu Co-Operative Milk Producers Federation Ltd., Chennai-51.

4. The Registrar of Co-Operative Societies, Chetpet, Chennai-10.

5. The Election Officer, Deputy Registrar (Dairy Development), Thiruvallur.

... Respondents 2 to 5 in W.P.(MD)No.1093/2019/ Respondents in W.P.(MD)No.1094 of 2019 PRAYER IN W.P.(MD)No.1093 of 2019 : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the impugned order in Na.Ka.No.14924/S2/ 2018 dated 10.10.2018 issued by the 3rd respondent and quash the same as illegal.

PRAYER IN W.P.(MD)No.1094 of 2019 : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the impugned impugned notification No.Vea.Order.No.29/Se.Ma.Tho.A/2019, dated 09.01.2019

issued by the fourth respondent and quash the same as illegal and consequently direct the respondents to issue fresh Notification in accordance with the rules contemplated under the Tamil Nadu Cooperative Societies Rules, 1988.

For Petitioner in both W.Ps.

: Mr.C.Arul Vadivel @ Sekar For R-1 & R-3 to R-4 in W.P.(MD)No.1093/19 & R-2 to R-4 in W.P.(MD)No.

1094 of 2019.

: Mr.VR.Shanmuganathan Special Government Pleader For R-1 in W.P.(MD) No.1094 of 2019 and R-2 in W.P.(MD)No.1093/2019 : Mr.G.Rajendran C O M M ON O R D E R [Order of the Court was made by K.RAVICHANDRABAABU, J.] In both the writ petitions, the challenge made is against the election notification. After notice, the matters are listed today for further hearing.

2.The learned Special Government Pleader informed this Court that subsequently the Election Commission itself has cancelled the election by issuing an order, dated 04.02.2019. 3.In view of the above stated facts and circumstances, these writ petitions are dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Principal Secretary to Government, State of Tamil Nadu, Cooperative Food & Consumer Protection Department, Fort St. George, Chennai-9.

2.The Election Commissioner, Tamil Nadu State Co-Operative Societies, Rep.By Election Commissioner, No.273, Kamadhenu Super Market, 1st Floor, Annasalai, Chennai-18.

3.The Director, Tamil Nadu Co-Operative Milk Producers Federation Ltd., Chennai-51.

4.The Registrar of Co-Operative Societies, Chetpet, Chennai-10.

5.The Election Officer, Deputy Registrar (Dairy Development), Thiruvallur.

+1 CC to Mr.C.ARUL VADIVEL, Advocate ( SR-82719[F] dated 21/08/2019 ) +1 CC to Mr.G. RAJENDRAN, Advocate ( SR-82969[F] dated 22/08/2019 ) +1 CC to SPL GP ( SR-83213[F] dated 22/08/2019 ) W.P.(MD)Nos.1093 and 1094 of 2019 21.08.2019 RJ2 MK (16.09.2019) 3P 9C