A.1258 Madurai District Central Cooperative v. The Registrar Of Cooperative Societies
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)Nos.14881 and 14882 of 2020 A.1258 Madurai District Central Cooperative Bank Staffs Cooperative Credit Society Ltd., Rep. by its President, M.Shanmugam, 187 North Veli Street, Madurai-001, ... Petitioner in W.P.(MD)No.17843/2020 M.M.3123 Madurai District Central Cooperative Bank Employee Cooperative Stores Ltd., Rep by its President, B.Shankar, 187 North Veli Street, Madurai-001.
... Petitioner in W.P.(MD)No.17844/2020 Vs.
1.The Registrar of Cooperative Societies, No.170 EVR Road, Dr.Radhakrishnan Nagar, Arumbakkam, Chennai-600 106 2.The Joint Registrar of Cooperative Societies, TPK Road, Madurai-625 003.
3.The General Manager, No.975 Madurai District Central Cooperative Bank Ltd., 187 North Veli Street, Madurai-625 001
...Respondents in both petitions
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COMMON PRAYER : Writ Petitions are filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the Respondents from evicting the Petitioners Cooperative Society from the rented premises in annex building of the 3rd Respondent bank situated in No.187 North Veli Street, Madurai without following due process of law. For Petitioners : Mr.G.Prabhu Rajadurai For R1 : Mr.K.S.Selvaganesan Additional Government Pleader For R2 : Mr.D.Shanmugaraja Sethupathy COMMON O RDER This writ petition has been filed for the issue of writ of mandamus to forbear the respondents from evicting the petitioner Society from the rented premises without following the due process of law. 2.When the matter was taken up for hearing on 10.10.2023, this Court passed the following order:
"When the matters came up for admission on 08.12.2020, this Court directed the learned counsel for the respondents to take instructions and report before this Court.
2. When the matters are taken up for hearing today, the learned counsel for the third respondent submitted that due to the directions issued by RBI and NABARD, the petitioner cannot be 2/4
permitted to occupy the premises and the learned counsel wanted some more time to file a detailed counter in this regard along with supporting documents.
3. Post these writ petitions under the same caption on 18.10.2023."
3.In view of the stand taken by the third respondent, it is clear that the third respondent is not inclined to continue with the occupation of the premises by the petitioners. Therefore, as and when the third respondent wants to take possession of the property, notice shall be served on the petitioners and thereafter, possession shall be taken in accordance with law. 4.These writ petitions are disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed. 10.11.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No ta 3/4
N.ANAND VENKATESH, J.
ta To The Registrar of Cooperative Societies, No.170 EVR Road, Dr.Radhakrishnan Nagar, Arumbakkam, Chennai-600 106 10.11.2023 4/4