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Madras High CourtWP(MD)/22095/2019disposed of

K.Mohandas v. The Joint Registrar Of Cooperative Societies

2022-12-16Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.18874 of 2019 and W.M.P.(MD)No.5845 of 2021 1.K.Mohandas 2.K.Vijaya Sugumaran 3.Omana 4.V.Kannan 5.V.Sasi 6.C.Jacquline Rose Kala 7.N.Mahesh 8.C.Murugan 9.S.Santhaappan 10.Velappan ... Petitioners Vs.

1.The Joint Registrar of Cooperative Societies, Kanyakumari Region, Nagercoil.

2.Nadukattu Raja ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned order passed by the respondent in Na.Ka.673/2018/Sa.Pa dated 21.3.2018 and quash the same as illegal.

For Petitioners : Mr.M.Jerin Mathew For Respondents : Mr.A.Sivanu Pandian, Government Advocate for R1.

No appearance for R2.

ORDER

Heard the learned counsel on either side.

2.The petitioner challenges the notice issued under Section 36 of the Tamil Nadu Cooperative Societies Act. Though the learned counsel for the petitioners attempted to persuade this Court that the notice has been issued without jurisdiction and that this Court can very well interfere at this stage, I am of the view that this Court can consider the issue after the respondent passes the final order.

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3.It is only in this view of the matter, I decline to go into the merits of the matter. It is seen that in response to the impugned show cause notice, the petitioners have already given their objections. The first respondent is directed to pass final order on merits and in accordance with law on or before 31.01.2023. It is open to the petitioners herein to be present before the first respondent in person on 12.01.2023 at 03.00 pm. The first respondent shall hearing the petitioners in person and thereafter pass final order. I make it clear that all the contentions of the writ petitioners are left open. 4.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 16.12.2022 Index : Yes / No Internet : Yes/ No ias To:

The Joint Registrar of Cooperative Societies, Kanyakumari Region, Nagercoil.

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G.R.SWAMINATHAN, J.

ias 16.12.2022 4/4