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Madras High CourtWMP(MD)/1304/2016ordered

A.Murugandi, v. The Deputy Registrar,

2016-01-27Honourable Mr Justice D. Hariparanthaman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Twenty Seventh day of January Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice D.HARIPARANTHAMAN WMP(MD) No.1305 of 2016 IN WP(MD) No.1543 of 2016 A.MURUGANDI ... PETITIONER/PETITIONER Vs 1 THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, TUTICORIN.

2 THE SECRETARY, EE221, KORAMPALLAM PRIMARY AGRICULTURAL CO- OPERATIVE CREDIT SOCIETY, KORAMPALLAM, TUTICORIN-628 101.

3 MR.M.SUBBAIAH ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of Interim Stay of all further proceedings in No.Na.Ka.5408/2011 Na.Va. dated 27.12.2011 issued by the 1st respondent and the consequent letter issued by the 2nd respondent dated NIL pending disposal of this Writ Petition. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.D.GEETHA, Advocate for the petitioner and of MR.S.CHANDRASEKAR, Government Advocate for RR 1 & 2, the court made the following order:- The learned counsel for the petitioner asserts that the petitioner never stood as a Guarantor. The petitioner is a Watchman while the person who obtained the loan is the third respondent who is the former Secretary of the Co-operative Credit Society. He was in the position of Command and he obtained loan and he was dismissed from service thereafter.

2.Now, for the loan obtained by the third respondent, the impugned order is passed by the first respondent/Deputy Registrar of Co-operative Societies, ordering recovery from the salary of the petitioner who is a Watchman.

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3.Taking into account the fact that the petitioner is a Watchman and the person who obtained loan is the former Secretary of the Co-operative Society, there shall be an order of interim stay of the impugned order. Notice.

sd/- 27/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, TUTICORIN.

2 THE SECRETARY, EE221, KORAMPALLAM PRIMARY AGRICULTURAL CO- OPERATIVE CREDIT SOCIETY, KORAMPALLAM, TUTICORIN-628 101.

+1. C.C. to M/S.D.GEETHA Advocate SR.No. 5162

ORDER

IN WMP(MD) No.1305 of 2016 IN WP(MD) No.1543 of 2016 Date :27/01/2016 NBI TE/PM-MP/AR-I : 02/02/2016 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/