N.N.Malarkode vs N.R.Chandrasekaran
2021 Latest Caselaw 24957 Mad

                                                                        Writ Appeal No.84 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 17.12.2021

                                                   CORAM :

                                  THE HON'BLE MR. JUSTICE M. DURAISWAMY
                                                     AND
                      THE HON'BLE MR. JUSTICE J. SATHYA NARAYANA PRASAD

                                           Writ Appeal No.84 of 2017
                                           and C.M.P.No.1343 of 2017

                N.N.Malarkode                                          ...   Appellant
                                                      Vs.

                1.N.R.Chandrasekaran
                2.V.Jegannathan
                3.S.Ramasamy
                4.E.Saleemabeebi
                5.S.Kalyani
                6.K.Manoharan
                7.N.Krishnan
                8.S.Ramachandran
                9.K.Anthonyraj
                10.R.Chithra
                11.Palaniammal

                12.The Joint Registrar of Cooperative Society,
                   Erode Region, Erode,
                   Erode District.

                13.The Management of No.3324, Nerunjipettai Primary
                   Agricultural Co-operative Credit Society Limited,
                   Nerunjipettai Post,
                   Anithiyur Taluk, Erode District,
                   Represented by its Secretary.                       ...   Respondents

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                                                                             Writ Appeal No.84 of 2017




                Prayer : Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
                order dated 18.01.2017 made in W.P.No.43238 of 2016.


                                     For Appellant    : Mr.C.Prakasam

                                     For R1 to R3 &   : Mr.S.Doraisamy
                                          R5 to R11

                                     For R4           : No appearance

                                     For R12 & R13    : Mr.U.Bharanidharan
                                                        Additional Government Pleader


                                               JUDGMENT

(Delivered by M. DURAISWAMY, J.)

Challenging the common order passed in W.P.Nos.43238 and 43239 of

2016, the respondents herein filed Writ Appeals in W.A.Nos.350 and 351 of

2017 and the Division Bench of this Court, by its judgment dated 20.07.2017,

disposed of the Writ Appeals by directing the Joint Registrar of Co-operative

Societies to hold de novo enquiry by giving proper notice to the parties

concerned and proceed against the appellants, if they are found responsible on

the proved charges levelled against them.

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2.Pursuant to the judgment of the Division Bench of this Court in the

Writ Appeals, the Joint Registrar of Co-operative Societies conducted enquiry

and also passed an order on 27.05.2019. The present Writ Appeal has been

filed by the 3rd respondent in W.P.No.43238 of 2016. Since the Division Bench

of this Court has already considered the case of both sides and directed the Joint

Registrar of Co-operative Societies to conduct de novo enquiry and that the

Joint Registrar has also conducted enquiry and passed orders, the issue which

has already been decided in W.A.Nos.350 and 351 of 2017 cannot be re-

agitated in the present Writ Appeal.

3.In such view of the matter, the relief sought for in the Writ Appeal has

become infructuous. Accordingly, the Writ Appeal is dismissed as infructuous.

No costs. Consequently, connected miscellaneous petition is closed.

                                                                    [M.D., J.]      [J.S.N.P., J.]
                                                                            17.12.2021
                Index             : Yes/No
                Internet          : Yes
                mkn

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To

1.The Joint Registrar of Cooperative Society, Erode Region, Erode, Erode District.

2.The Secretary.

Management of No.3324, Nerunjipettai Primary Agricultural Co-operative Credit Society Limited, Nerunjipettai Post, Anithiyur Taluk, Erode District.

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M. DURAISWAMY, J.

and J. SATHYA NARAYANA PRASAD, J.

mkn

Writ Appeal No.84 of 2017

17.12.2021

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