Madras High CourtWP(MD)/12206/2016dismissed as infructuous

P.Nagalakshmi v. The Secretary, M.P.103,

2023-09-05Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P.(MD)No.12206 of 2016 and W.M.P. (MD) No.9295 of 2016

1. P. Nagalakshmi

2. T. Deivanayaghi

3. L. Jeyameena

4. A. Selvam

5. S. Parvathi

6. R. Rojarani

7. S. Arulmozhi

8. K. Ganabathi

9. N. Karthika

10. A. Balamani

11. M. Jayanthi

12. K. Geetha

13. K. Murugesan

...Petitioners

Vs.

1. The Secretary, M.P. 103, Cumbum Panchayat Union, Primary and Middle School Teacher's Co-operative Thriff and Credit Society Ltd., Balaji Complex, Kumuli main Road, Cumbum, Theni District - 625 516.

2. The Deputy Circular Registrar of Co-operative Uthamapalayam, Theni District.

3. The District Elementary Educational Officer, Theni District Theni.

4. The Assistant Elementary Education Officer / Cum, Correspondent, Sri Muthaiah Pillai Memorial Primary School, V.O.C. Street, Cumbum, Theni District.

5. M.S.S. Viknesh Kanthan, The Secretary, Sri Muthaiah Pillai Memorial Primary School, V.O.C. Street, Cumbum,Theni District.

....Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorari to call for records pertaining to Na.Ka.No.48/A2/2016 dated 20.06.2016 on the file of the 4th respondent and quash the same as illegal, unjust without jurisdiction.

For Petitioner : Mr.Arul Vadivel Sekar Mr.R.Pon Karthikeyan For Respondents : Mr.P.R. Prithiviraj for R1 Mr.P.Subbaraj for R2 & R3 Special Government Advocate

O R D E R

This Writ Petition has been filed against the order of the fourth respondent in Na.Ka.No.48/A2/2016 dated 20.06.2016, wherein attachment of the salary of the petitioner is made.

2. During the pendency of the Writ Petition, the petitioners herein filed a Writ Petition in W.P(MD)No.3810 of 2020 and batch against the surcharge proceedings initiated under Section 82 of the Tamil Nadu Co-operative Societies Act. The said Writ Petitions are disposed of by order dated 26.06.2023 considering the fact that the petitioners offered to pay principal amount.

3. It is stated by the learned counsel appearing for the first respondent that in the light of the order dated 26.06.2023 in W.P(MD)No.3810 of 2020 and batch, the petitioners paid the principal amount to the Society and as such no further adjudication is required in the present Writ Petition.

4. The learned counsel for the petitioner also submits that the principal amount, as agreed, is paid by the petitioners and submits that no further adjudication is required in this case.

5. Placing the statements of the learned counsels on record, in the considered opinion of this Court, in view of the above factual position, no further adjudication is required in this Writ Petition and this Writ Petition has to be dismissed.

6. Accordingly, this Writ Petition is dismissed as infructuous.

7. No costs.

8. Consequently, connected miscellaneous petition is closed.

05.09.2023 Index : Yes / No NCC : Yes / No CM

To,

2. The Deputy Circular Registrar of Co-operative Uthamapalayam, Theni District.

3. The District Elementary Educational Officer, Theni District Theni.

4. The Assistant Elementary Education Officer / Cum, Correspondent, Sri Muthaiah Pillai Memorial Primary School, V.O.C. Street, Cumbum, Theni District.

5. M.S.S. Viknesh Kanthan, The Secretary, Sri Muthaiah Pillai Memorial Primary School, V.O.C. Street, Cumbum, Theni District.

BATTU DEVANAND, J.

CM W.P.(MD)No.12206 of 2016 and W.M.P. (MD) No.9295 of 2016 05.09.2023