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Madras High CourtWP(MD)/19970/2017disposed of

S.Ponsekar, v. The Joint Registrar Of Co-

2017-10-31Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.19970 of 2017 and WMP(MD)No.16245 of 2017 S.Ponsekar ... Petitioner Vs.

1. The Joint Commissioner of Co-operative Societies, Office of the Joint Registrar of Co-operative Societies, Thoothukudi.

2. The Special Officer, E 229, Palayakayal Salt Workers Co-Operative Production Sale Society, Thoothukudi.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's renewal application dated 12.07.2017 within the time period stipulated by this Court. For Petitioner : Mr.T.Lajapathiroy For Respondents : Mr.M.Alagathevan, Special Government Pleader

ORDER

This Writ Petition has been filed seeking to direct the respondents to dispose of the petitioner's renewal application dated 12.07.2017 within the stipulated time.

2.By consent, this writ petition is taken up for final disposal at the stage of admission itself.

3.The learned Counsel appearing for the petitioner would submit that the petitioner is a member of second respondent society and he had initially entered into a lease agreement in respect of lands in survey Nos.317/ 8B and 317/6A situated at Palayakayal Village, Srivaikundam Taluk, Tuticorin District for a period of 40 years on 15.09.1978 and after some rounds of https://hcservices.ecourts.gov.in/hcservices/

litigation, on 27.10.2003 the same was cancelled and a fresh lease agreement for a period of 15 years was entered into. Since the said lease period is getting expired on 14.09.2018, the petitioner submitted an application to the respondents for extension of the lease period. However, no action has been taken by the respondents. Aggrieved over the same, the petitioner is before this Court.

4.The learned Special Government Pleader appearing for the respondents would submit that the renewal application submitted by the petitioner would be considered on merits within the time stipulated by this Court 5.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondents to consider the application submitted by the petitioner and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Joint Commissioner of Co-operative Societies, Office of the Joint Registrar of Co-operative Societies, Thoothukudi.

2. The Special Officer, E 229, Palayakayal Salt Workers Co-Operative Production, Sale Society, Thoothukudi.

+ 1 cc TO Mr.T.Lajapathiroy , Advocate in SR No. 84760 +1cc to The Special Government Pleader in SR.No.84817 dsk AE/SV MMS/SAR3/13.11.2017/2P/5C W.P.(MD)No.19970 of 2017 31.10.2017 https://hcservices.ecourts.gov.in/hcservices/