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Madras High CourtWP(MD)/1176/2016dismissed

S.Chelladurai, S/O.Savariyar v. Joint Registrar Of Cooperative

2021-02-15Honourable Mr Justice M.Dhandapani2 pages

W.P.(MD)No.1176 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.1176 of 2016 and W.M.P(MD).Nos.972 and 973 of 2016 S.Chelladurai ... Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Nagercoil, Kanyakumari District.

2.The Deputy Registrar of Co-operative Societies, Thuckalay, Kanyakumari District.

3.The Sub Registrar, of Co-operative Societies, Enquiry Officer, Y.55, Kunnathoor Primary Agriculture Co-operative Credit Society, Pudukadai, Kanyakumari district.

4.The Kunnathoor Primary Agricultural Co-operative Credit Society Ltd, No.Y.55 represented by its President, Co-operative Bank Road, Pudukkadai, Pudukkadai Post, Kanyakumari District.

5.C.Mohandhas, President Kunnathoor Primary Agricultural Co-operative Credit Society Ltd, No.Y.55 Co-operative Bank Road, Pudukkadai, Pudukkadai Post, Kanyakumari District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the 2nd respondent pertaining to his order dated 13.10.2015 in Na.Ka.6015/2014/Tha Va.Sa(2) on his file, quash the same and all proceeding pursuant thereto.

For Petitioner : Mr.Ragatheesh Kumar for Mr.V.M.Balamohan Thambi For R1 to R3 : Mr.C.Ramar Additional Government Pleader For R4 & R5 : Mr.Jerin Mathew https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1176 of 2016

O R D E R

This Writ Petition has been filed by the petitioner challenging the impugned order dated 13.10.2015.

2.When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that the petitioner has challenged the notice under Section 81 of the Co-operative Societies Act and subsequently, after completing the said 81 enquiry, surcharge proceedings were initiated. Aggrieved over the same, the petitioner has filed a Civil Miscellaneous Appeal before the District Court, Nagercoil, Kanyakumari, in C.M.A.CS.No.13 of 2018 and hence, nothing survives for adjudication in this writ petition. .

3.In view of the submissions made by the learned Additional Government Pleader appearing for the respondents 1 to 3, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns To 1.The Joint Registrar of Co-operative Societies, Nagercoil, Kanyakumari District.

2.The Deputy Registrar of Co-operative Societies, Thuckalay, Kanyakumari District.

3.The Sub Registrar, of Co-operative Societies, Enquiry Officer, Y.55, Kunnathoor Primary Agriculture Co-operative Credit Society, Pudukadai, Kanyakumari district.

+1 CC to M/s.SPL GP ( SR-5776[F] dated 17/02/2021 ) W.P.(MD)No.1176 of 2016 and W.M.P(MD).Nos.972 and 973 of 2016 15.02.2021 smv(CO) KK(02.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2