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C.Periyasamy vs Joint Registrar Of Co-Operative
2021 Latest Caselaw 16418 Mad

Citation : 2021 Latest Caselaw 16418 Mad
Judgement Date : 11 August, 2021

Madras High Court
C.Periyasamy vs Joint Registrar Of Co-Operative on 11 August, 2021
                                                                              W.A.No.1270 of 2016

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED: 11.08.2021

                                                    CORAM

                         The Honourable Mrs.Justice PUSHPA SATHYANARAYANA
                                                       and
                               The Honourable Mr.Justice KRISHNAN RAMASAMY

                                             W.A.No.1270 of 2016
                                          and C.M.P.No.16480 of 2016
                   C.Periyasamy                                            ... Appellant

                                                        vs

                   1.Joint Registrar of Co-operative
                     Societies, Erode Region, Erode.

                   2.The Deputy Registrar of Co-operative
                     Societies, Erode Circle,
                     Erode – 638 009.

                   3.P.E.65 Modakurichi Circle Teachers
                     and Public Servants Co-operative
                     Thrift and Credit Society Limited
                     Represented bby its President
                     No.7, Kooturavu Poonga (Co-operative Park)
                     Modakurichi – 638 104.
                     Erode District.                                       ...Respondents


                   Prayer: Writ Appeal filed under clause 15 of the Letters Patent Act against
                   the final order dated 01.07.2016, made in W.P. No.22811 of 2016.
                                                       ****

https://www.mhc.tn.gov.in/judis/
                   Page No.1 of 4
                                                                                 W.A.No.1270 of 2016

                                    For Appellant           :   Mr.Jayesh B.Dolia
                                                                for Mr.R.Jeyaram
                                    For R1 & R2             :   Mr.C.Jayaprakash
                                                                Government Advocate
                                    For R3                  :   Mr.L.P.Shanmugasundaran
                                                                Special Government Pleader
                                                        ****
                                                     JUDGMENT

(delivered by Pushpa Sathyaranayana,J., ) This intra-Court appeal is filed against the order passed by the

learned Single Judge in W.P. No.22811 of 2016 dated 01.07.2016.

2.The writ petitioner had filed W.P.No.22811 of 2016, challenging the

suspension order dated 30.01.2015, passed by the third respondent. The

said writ petition was disposed of, directing the writ petitioner to file an

appeal before the first respondent within a period of 10 days and on such

appeal is being filed, the same may be directed to be disposed of within a

considerable time, without insisting the question of limitation. Challenging

the said order, the above writ appeal is filed.

3.Though, it was pointed out that an appeal under Section 152 of the

Tamilnadu Co-operative Societies Act is not maintainable, it is admitted

that a revision under Section 153 of the Act is maintainable. It is also

https://www.mhc.tn.gov.in/judis/

W.A.No.1270 of 2016

stated that the writ petitioner had filed a revision before the Joint Registrar,

seeking to review the suspension order impugned in the writ petition dated

18.03.2016 and the same has not yet been disposed of.

4.In view of the fact that the Revision filed by the writ petitioner

before the Joint Registrar is pending, the writ appeal automatically becomes

infructuous.

5.Accordingly, the writ appeal is dismissed as infructuous. No costs.

Consequently, connected miscellaneous petition is closed.



                                                                  [P.S.N., J.] [K.R., J.]
                                                                        11.08.2021
                   Index      : Yes/No
                   Internet   : Yes/No

Speaking Order/Non Speaking Order

rst

To:

1.The Correspondent, Danish Mission Higher Secondary School, Tiruvannamalai District.

2.The Central Manager & Chairman, Education Board, D.M.Elementary Higher Elementary School, Parikkal, Cuddalore District.

https://www.mhc.tn.gov.in/judis/

W.A.No.1270 of 2016

PUSHPA SATHYANARAYANA, J.

and KRISHNAN RAMASAMY, J.

rst

W.A.No.1270 of 2016 and C.M.P.No.16480 of 2016

11.08.2021

https://www.mhc.tn.gov.in/judis/

 
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