G. Subburathinam v. The Deputy Registrar Of Cooperative Societies
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Original Jurisdiction) Wednesday, the Eighteenth day of December Two Thousand and Twenty Four PRESENT:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR in WP(MD)24599 of 2024 G.Subburathinam ... Petitioner/Petitioner.
Vs 1.The Deputy Registrar of Cooperative Societies, Palani Circle, 11/223, Raja Nagar, Lakshmipuram, Palani, Dindigul District.
2.The President D.D.646, Kulathur Primary Agricultural Cooperative Credit Society Limited, Kulathur, Dindigul District. ... Respondents/Respondents. Prayer in WMP(MD)No.22929 of 2024:- Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, to set aside the order of dismissal dated 22.10.2024 in W.P.(MD) No.24599 of 2024 and restore the writ petition for further adjudication, and thus render justice. 1/4
Prayer in WP(MD)No.24599 of 2024:- Writ Petition filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the 1st respondent to receive the surcharge amount of Rs.5,66,802/- from the petitioner by waiving the interest portion of 18 percent or by modifying the interest portion in Tha.Va.No. 16/2019 Sa. Pa, dated 10.02.2020 and consequently direct the 1st respondent to raise the attachment and drop further proceedings of sale pertaining to property in S.F.No. 298 with an extent of 1869 3/4 sq. ft in Plot No. 12 situated at Seelapadi Revenue Village, Dindigul Joint Sub-Registration, Dindigul District in E.P.No. 5/2020-21 on the file of the 1st respondent.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and the earlier order of this dated 22/10/2024, upon hearing the arguments of Mr.Rahman for Mr.E.Satheesh, Advocate for the Petitioner and of Mr.S.P.Maharajan, Special Government Pleader, on behalf of the first respondent, this Court made the following order: "This miscellaneous petition has been filed seeking to set aside the order of dismissal dated 22.10.2024 in W.P.(MD) No.24599 of 2024 and to restore the writ petition for further adjudication.
2. Heard both sides.
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3. Mr.P.Maharajan, learned Special Government Pleader has no serious objection in setting aside the order of dismissal dated 22.10.2024.
4. Having regard to the averments made in the affidavit filed in support of the miscellaneous petition and the facts and circumstances of the case, this miscellaneous petition is ordered and the writ petition in W.P.(MD) No.24599 of 2024 is ordered to be restored to its file for adjudication on merits after hearing both sides."
Sd/- Assistant Registrar( C.S-I ) // True Copy // /01/2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO 1 .The Deputy Registrar of Cooperative Societies, Palani Circle, 11/223, Raja Nagar, Lakshmipuram, Palani, Dindigul District.
+1cc to the Special Government Pleader, vide SR No.75937. Copy to: The Section Officer,Writ Posting Section, Madurai Bench of Madras High Court, Madurai.
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ORDER DATED: 18/12/2024 ==========================
ORDER
========================== in WP(MD)24599 of 2024 Giving direction and etc.
as stated within.
KVL(28/01/2025) 4P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4