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Madras High CourtWP(MD)/17064/2016disposed of

S.S.Murugesan, v. The Registrar,

2016-09-08Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.17064 of 2016 S.S.Murugesan : Petitioner Vs.

1. The Registrar, Office of the Registrar of Cooperative Society, No.170, E.V.K. High Road, Kilpauk, Chennai - 600 010.

2. The Regional Assistant Registrar, Office of the Registrar of Cooperative Society, Madurai - 625 002.

3. The Special Officer, No.975, Madurai District Central Cooperative Bank Ltd., 187, North Veli Street, Madurai - 625 001.

4. The Cooperative Assistant Registrar, Government Office Complex I, Theni District, Theni.

5. The Manager, D.D.127, Gudalur Uzhavar Pani Cooperative Society Ltd., Gudalur Post - 625 518, Uthamapalayam Taluk, Theni District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the fifth respondent to permit the petitioner to withdraw the petitioner's entire amount with interest from the date of deposit in the petitioner's Savings Bank A/c No.6359 before the fifth respondent Bank within a time frame that may be stipulated by this Court and also consider the petitioner's representation dated 01.12.2014.

For Petitioner : Mr.K.Guhan For Respondents : Mr.T.S.Mohammed Mohideen, 1,2 and 4 Additional Government Pleader.

For Respondent No.3 : Mr.T.Shanmugaraja Sethupathi

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the fifth respondent to permit the petitioner to withdraw his entire amount with interest from the date of deposit from his Savings Bank Account No.6359, before the fifth respondent Bank, within a time frame to be stipulated by this Court and also consider the petitioner's representation dated 01.12.2014.

2.Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, takes notice for the respondents 1, 2 and 4. Mr.T.Shanmugaraja Sethupathi, learned counsel, takes notice for the third respondent. By consent, the writ petition itself is taken up for final disposal.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1, 2 and 4 and the learned counsel appearing for the third respondent.

4.It is the case of the petitioner that his daughter's marriage is scheduled to be held on 14.09.2016 and therefore the representation given by the petitioner dated 01.12.2014 is to be directed to be considered by the fifth respondent. 5.Having regard to the limited scope of relief made in this Writ Petition, without expressing any opinion on the merits of the matter, the Writ Petition is disposed of with a direction to the fifth respondent to consider the representation of the petitioner dated 01.12.2014 and pass orders on merits and in accordance with law, within a period of two weeks, from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar

To

1. The Registrar, Office of the Registrar of Cooperative Society, No.170, E.V.K. High Road, Kilpauk, Chennai - 600 010.

2. The Regional Assistant Registrar, Office of the Registrar of Cooperative Society, Madurai - 625 002.

3. The Special Officer, No.975, Madurai District Central Cooperative Bank Ltd., 187, North Veli Street, Madurai - 625 001.

4. The Cooperative Assistant Registrar, Government Office Complex I, Theni District, Theni.

5. The Manager, D.D.127, Gudalur Uzhavar Pani Cooperative Society Ltd., Gudalur Post - 625 518, Uthamapalayam Taluk, Theni District.

+ 1 CC TO MR.D.SHANMUGARAJA SETHUPATHI, ADVOCATE IN SR No. 50982 + 1 CC TO MR.K.GUHAN, ADVOCATE IN SR No. 51074 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 51501 SMN TE/AAL/MPA/SAR-I : 09/09/2016 : 3P/9C ORDER MADE IN W.P(MD)No.17064 of 2016 08.09.2016