Natarajan v. The Deputy Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.21625 of 2017 and W.M.P.(MD)Nos.17908 and 17909 of 2017 Natarajan ... Petitioner Vs.

1.The Deputy Registrar, Co-operative Societies, Perumalpuram, Palayamkottai, Tirunelveli District.

2.The President, Primary Agricultural Co-operative Credit Society, Shenbagapuram, Karivalamvanthanallur Post, Sankarankoil Taluk, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of certiorari, to call for the records of the impugned order passed by the 2nd respondent dated 20.10.2017 and quash the same.

For Petitioner : Mr.K.Prabhu For Respondents : Mr.R.Velmurugan (for R1) Government Advocate Mr.T.S.Mohammed Mohideen (for R2) Additional Government Pleader

O R D E R

This Writ Petition has been field to call for the records of the impugned order passed by the 2nd respondent dated 20.10.2017 and quash the same.

2.By consent of both parties, this Writ Petition is taken for final disposal at the stage of admission itself. 3.Heard Mr.K.Prabhu, learned counsel, appearing for the petitioner and Mr.R.Velmurugan, learned Government Advocate, and Mr.T.S.Mohammed Mohideed, learned Additional Government Pleader, who take notice for the respondents.

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4.Having regard to the fact that the second respondent is a co operative society, against whom the writ petition would not lie in view of the dictum of the Full Bench of Five Judges of this Court in K.Marappan Vs. The Deputy Registrar, Co-operative Societies, [(2006) 4 CTC 689,] and the petitioner has an effective alternative remedy of revision under Section 153 of Co-operative societies Act before the first respondent, learned counsel for the petitioner seeks permission of this court to withdraw this Writ Petition with liberty to file such revision and he has also made and endorsement to that effect.

5.Recording the said endorsement, this Writ Petition is dismissed as withdrawn with such liberty to the petitioner. It is made clear that all the contentions raised by the petitioner questioning the correctness of the impugned order in the proposed revision petition shall be duly considered by the concerned authority with specific findings in that regard. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Deputy Registrar, Co-operative Societies, Perumalpuram, Palayamkottai, Tirunelveli District.

2.The President, Primary Agricultural Co-operative Credit Society, Shenbagapuram, Karivalamvanthanallur Post, Sankarankoil Taluk, Tirunelveli District.

+1cc to M/S.K.Prabhu, Advocate SR.No. 89528 +1cc to Special Government Pleader, SR.No. 89675 +1cc to M/S.T.S.Mohammed Mohideen, Advocate SR.No. 89274 W.P.(MD)No.21625 of 2017 24.11.2017 ta JM/KP/SAR 2/13.12.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/