The Registrar Of Co-Operative Societies v. A.Thavamaniraj
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Second day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR and The Hon`ble Mr.Justice G. ARUL MURUGAN C.M.P.[MD]No.2530 of 2024 in W.A.[MD]SR.No.89141 of 2023 1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF COOPERATIVE SOCIETIES. KILPAUK, CHENNAI - 600 010.
2 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, OFFICE OF JOINT REGISTRAR OF COOPERATIVE SOCIETIES, MADURAI REGION, CHOKKIKULAM, MADURAI - 625 001.
3 THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, OFFICE OF THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, NO.41-42, KRISHNARAYAR TANK ROAD, MADURAI - 625 001.
4 THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, DOOR NO.15, J.R.R.NAGAR, THENKARAI, PERIYAKULAM, THENI.
... PETITIONERS/APPELLANTS Vs 1/4
A.THAVAMANIRAJ COOPERATIVE SUB REGISTRAR, OFFICE OF THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, NO.15 J.R.R.NAGAR, THENKARAI, PERIYAKULAM.
... RESPONDENT/RESPONDENT Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 541 days in preferring this appeal against W.P.(MD).No.5559/2015 dated 03-02-2022 and thus render justice.
Prayer in WA(MD).SR.No.89141 of 2023:
Pleased to set aside the order made in WP(MD)No.5559 of 2016 dated 03.02.2022 by the allowing the Writ Appeal.
Prayer in WP(MD). 5559/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari, calling for the records pertaining to the Impugned order made in Na.Ka. 9137/2010 Pa.Tho. dated 21.03.2015 pased by the second respondent and quash the same.
ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.S.SELVA GANESAN, Additional Government Pleader on behalf of the Petitioners and of Mr.P.R.PRITHVIRAJ, Advocate on behalf of the Respondent, the court made the following order:- (Order of the Court was made by R.SURESH KUMAR, J.) This petition is filed to condone the delay of 541 days in filing the W.A.[MD] SR.No.89141 of 2023.
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2.Heard both sides.
3.The learned Additional Government Pleader appearing for the petitioners would submit that, there has been a delay in completing the file circulation and prays for condoning the delay.
4.The said reason stated by the learned Additional Government Pleader appearing for the petitioners is not appealing to this Court, since for getting the signature of the officials concerned by circulating the file, no department can take such a huge time of more than 500 days. However, since the merits of the main issue raised in the writ appeal has to be decided, we feel that this petition, if at all to be allowed, is to be allowed on terms.
5.Accordingly, this Civil Miscellaneous Petition is allowed on condition that the petitioners shall pay a sum of Rs.5000/- [Rupees Five Thousand only] as cost to the respondent and the said cost shall be paid to the respondent through the learned Counsel for the respondent.
sd/- 02/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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MR TO 1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF COOPERATIVE SOCIETIES. KILPAUK, CHENNAI - 600 010.
2 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, OFFICE OF JOINT REGISTRAR OF COOPERATIVE SOCIETIES, MADURAI REGION, CHOKKIKULAM, MADURAI - 625 001. 3 THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, OFFICE OF THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, NO.41-42, KRISHNARAYAR TANK ROAD, MADURAI - 625 001. 4 THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, DOOR NO.15, J.R.R.NAGAR, THENKARAI, PERIYAKULAM, THENI.
ORDER IN Date :02/04/2024 SA/VR/SAR. /10.04.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4