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Madras High CourtWP(MD)/13031/2020allowed

K.Manimuthu v. The Joint Registrar

2020-09-29Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD).No.10985 of 2020 K.Manimuthu ... Petitioner Vs.

1.The Joint Registrar Co-operative Society Ramanathapuram 2.The Deputy Registrar Co-operative Society Ramanathapuram 3.The President Ettukudi Primary Agricultural Co-operative Credit Society Nagarikathan Ramanathapuram District 4.Co-operative Sub Registrary/Field Officer Co-operative Society Thiruvadanai Range Ramanathapuram 5.Clerk (Additional Charge) N.Mangalam Co-operative Society N.Managalm Ramanathapuram District.

6.R.Laxmana Kumar Deputy Registrar (Housing) Virudhunagar ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the order passed by the second respondent in Na.Ka.No.107/2020 njhNt$fr dated 07.09.2020 and to quash the same. For Petitioner :

Mr.T.S.Mohamed Mohideen For Respondents :

Mr.P.Mahendran Additional Government Pleader

O R D E R

Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

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2.The petitioner's counsel states that the impugned communication was issued by one Mr.R.Laxmanakumar, Deputy Registrar of Co-operative Society, Ramanathapuram. The petitioner's counsel points out that he was transferred vide G.O.Ms.No.176, dated 07.09.2020. On the same date, the impugned order has been passed. The petitioner's counsel would allege that the order in question is a back dated proceeding.

3.The learned Additional Government Pleader states that without going into the allegations made by the petitioner, the impugned communication can be permitted to be withdrawn and the new incumbent will pass orders in accordance with law. The said submission is recorded. The impugned communication is allowed to be withdrawn. It is for the new incumbent to pass appropriate orders. 4.The writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) sji 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 Joint Registrar ,Co-operative Society Ramanathapuram 2.The Deputy Registrar ,Co-operative Society Ramanathapuram 3.The President Ettukudi Primary Agricultural Co-operative Credit Society Nagarikathan ,Ramanathapuram District 4.Co-operative Sub Registrary/Field Officer Co-operative Society Thiruvadanai Range Ramanathapuram 2/3

5.Clerk (Additional Charge) N.Mangalam Co-operative Society N.Managalm Ramanathapuram District.

6.R.Laxmana Kumar Deputy Registrar (Housing) Virudhunagar +1 CC to M/s.T.S. MOHAMED MOHIDHEEN, Advocate ( SR-18438[F] dated 30/09/2020 ) +1 CC to M/s.GP ( SR-18497[F] dated 30/09/2020 ) and W.M.P(MD).No.10985 of 2020 29.09.2020 SCR(CO) AP(12/10/2020) 3P 9C 3/3