Madras High CourtWP(MD)/9886/2017allowed

Annadurai v. The Joint Registrar Of

2025-01-03Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.7579 of 2017 Annadurai .. Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Trichirapalli Region, Trichirapalli.

2.The Deputy Registrar of Co-operative Societies, Trichirapalli Circle, Trichirapalli.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records of the impugned order of the 2nd respondent dated 15.05.2017 vide his proceedings in Na.Ka.No.1452/2016/r.g., and quash the same as illegal. For Petitioner :

Mr.T.Vadivelan For Respondents :

Mr.R.Suresh Kumar Additional Government Pleader

ORDER

This writ petition has been filed challenging the order of removal made under Section 34(6) of the Tamil Nadu Cooperative Societies Act, 1983 (hereinafter referred to as "the Act"). However, subsequently by proceedings dated 03.09.2020, the first respondent herein under Sections 81 and 82 of the Act, had approved the list of borrowers, who are entitled for waiver of the loan. In view of the waiver recommended, the allegation upon which the petitioner was removed becomes non-est.

2. Heard the learned counsel on either side.

3. In view of the subsequent proceedings dated 03.09.2020 of the first respondent made under the proceedings initiated under Section 82 of the Act, the order impugned in this writ petition cannot be sustained.

4. The said proceedings of the first respondent is placed on record. In view of the same, this Writ Petition is allowed and the impugned order

is set aside. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

03.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Joint Registrar of Co-operative Societies, Trichirapalli Region, Trichirapalli.

2.The Deputy Registrar of Co-operative Societies, Trichirapalli Circle, Trichirapalli.

K.KUMARESH BABU, J.

abr Dated: 03.01.2025 (2/3)