Madras High CourtWP(MD)/14026/2017disposed of

A.Veeraiyan, S/O.Aynang, v. The Registrar Of Co-Operative

2019-03-20Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.14026 of 2017 and W.M.P(MD)No.10973 of 2017 A.Veeraiyan ... Petitioner Vs.

1.The Registrar of Co-operative Societies, M.V Natarajan Malligai, 170, Periyar EVR High Road, Kilpauk, Chennai.

2.The Joint Registrar of Co-operative Societies, Trichy Region, Kajamalai, Trichy.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, to dispose of the appeal, dated 17.07.2017 pending before the first respondent within the time stipulated by this Court.

For Petitioner :

M/s.Chamundi Bose For Respondents :

Mrs.J.Padmavathy Devi, Special Government Pleader.

ORDER

This writ petition has been filed seeking a direction to the first respondent to dispose of the petitioner's appeal dated 17.07.2017 pending on the file of the first respondent. 2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3.The learned counsel appearing for the petitioner submitted that without hearing the petitioner, the second respondent passed the impugned order by removing him from the post of President. Challenging the same, the petitioner preferred an appeal dated 17.07.2017 before the first respondent and the same is pending without any progress. Hence the petitioner is before this Court with the above prayer.

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4.Upon notice, the second respondent filed a counter affidavit denying the averments made by the petitioner, which is refuted by the learned counsel for the petitioner.

5.Considering the limited nature of the prayer that has been sought for by the petitioner and also the fact that since the appeal is said to be pending from 2017 onwards, this Court, without going into the merits of the matter, directs the first respondent to dispose of the appeal filed by the petitioner on 17.07.2017, on merits and as per law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

6.The writ petition is disposed of with the above direction. No costs. consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-III) / True Copy / Sub Assistant Registrar(CS) To 1.The Registrar of Co-operative Societies, M.V Natarajan Malligai, 170, Periyar EVR High Road, Kilpauk, Chennai.

2.The Joint Registrar of Co-operative Societies, Trichy Region, Kajamalai, Trichy.

+1 CC to M/s.CHAMUNDI BOSE, Advocate(SR-55481[F] dated 20/03/2019) +1 CC to M/s.SPL GP ( SR-55650[F] dated 21/03/2019 ) W.P(MD)No.14026 of 2017 20.03.2019 PS ES/KK/15.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/