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Madras High CourtCMP(MD)/9694/2017allowed

The Special Officer v. G.Natarajan(Died)

2025-02-05Honourable Dr Justice G. Jayachandran,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Fifth day of February Two Thousand and Twenty Five PRESENT The HONOURABLE DR. JUSTICE G.JAYACHANDRAN AND The HONOURABLE MS. JUSTICE R. POORNIMA in W.A.(MD).No.1167 of 2016 The Special Officer Dindigul Central Cooperative Bank Ltd.

Kootturavu Nagar, Trichy Road Dindigul.

... Petitioner/Appellant (in all Petitions) Vs 1 G.Natarajan(Died)

...Respondent/Petitioner

(in all Petitions) 2 The Registrar of Cooperative Societies, Chennai-10.

3 The Joint Registrar of Cooperatives, Dindigul Region, Dindigul.

4 The Deputy Registrar of Cooperative Societies, Dindigul Region, Dindigul.

..Respondents/Respondents 1 to 3 (in all Petitions) 5 N.Usha 6 Ganapathyappan @ Babu 1/5

7 Chinnathambi ... Respondents/Third parties (in all Petitions) Prayer in CMP(MD).No.9694 of 2017:- This Petition filed under section 5 of Limitation Act to condone the delay of 14 days in filing the above Civil Miscellaneous Petition to set aside the abatement due to the death of the 1st respondent Mr.G.Natarajan in W.A.No.1167/2016 pending disposal of the above Writ Appeal.

Prayer in CMP(MD).No.9695 of 2017:- This Petition filed under Order 22 Rule 9(3)of C.P.C to set aside the abatement due to the death of the 1st respondent Mr.G.Natarajan and restore the Writ Appeal made in W.A.No.1167/2016 on the file of this Hon'ble Court. Prayer in CMP(MD).No.9696 of 2017::- This Petition filed under Order 22 Rule 4 of C.P.C to implead the legal heirs of the 1st respondent as respondents 5 to 7 in W.A.No.1167/2016 pending disposal of the above Writ Appeal.

Prayer in W.A,(MD).No. 1167 of 2017:- Writ Appeal filed under Clause 15 of Letters Patent Act, against the order of this Court made in W.P.(MD).No.5398 of 2011 dated 16.12.2014. Prayer in WP(MD).No.5398 of 2011:- Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of certioratified mandamus calling for the entire records pertaining to the ordre issued by the 4th resp in Na.ga.No.238/05-06/pa 1 dated 27.10.2005, 31.10.2005 & 10.01.2011 and to quash the same and to direct the respondent to settle the retirement benefits by fixing a time frame by this Hon'ble Court.

ORDER:- These Petitions coming on for orders on this day and upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Thiru.D.Shanmugaraja Sethupathi, Advocate for the Petitioner and of 2/5

Thiru.K.Ramamsamy, Advocate for the respondents five to seven, this Court made the following order:

"C.M.P(MD)No.9694 of 2017 is filed to condone the delay of 14 days in filing the Civil Miscellaneous Petition to set aside the abatement caused due to the death of the first respondent Mr.G.Natarajan in W.A(MD)No.1167 of 2016,pending disposal of the above Writ Appeal.

2.C.M.P(MD)No.9695 of 2017 is filed to set aside the abatement caused due to the death of the first respondent Mr.G.Natarajan and to restore the Writ Appeal in W.A(MD)No.1167 of 2016 on the file of this Court. 3.C.M.P(MD)No.9696 of 2017 is filed to implead the legal heirs of the first respondent as respondents 5 to 7 in W.A(MD)No.1167 of 2016, pending disposal of the above Writ appeal.

4.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3/5

5.For the reasons stated in the accompanying affidavits filed in support of these Petitions and on being satisfied with the same, these Petitions are allowed 6.Registry is directed to carry out necessary amendment in the cause title and list the matter for hearing on 13.02.2025." Sd/- Assistant Registrar( C.O ) // True Copy // /02/2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO

1. The Registrar of Cooperative Societies, Chennai-10.

2. The Joint Registrar of Cooperatives, Dindigul Region Dindigul.

3. The Deputy Registrar of Cooperative Societies, Dindigul Region Dindigul.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 4/5

+1CC to Special Govt.Pleader. SR.No.8600 ORDER DATED : 05/02/2025 ==========================

ORDER

========================== CMP(MD). No.9694 to 9696 of 2017 in W.A.(MD).No.1167 of 2016 KVL(12/02/2025) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5