K.Mathialagan vs The Deputy Registrar Of ...
2021 Latest Caselaw 417 Mad

                                                                            W.A.(MD)No.1300 of 2020

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 06.01.2021

                                                     CORAM

                             THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
                                             AND
                              THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                              W.A.(MD)No.1300 of 2020
                                                       and
                                             C.M.P.(MD)No.7434 of 2020

                K.Mathialagan                                   ... Appellant/Petitioner

                                                        Vs.
                1.The Deputy Registrar of Co-operative Societies,
                  Lalgudi Range,
                  Lalgudi,
                  Trichy District.

                2.The President,
                  No.273, Valady Primary Agricultural Co-operative
                    Credit Society,
                  Valady Post,
                  Lalgudi Taluk,
                  Trichy District.                               ... Respondents/Respondents

                Prayer : Appeal filed under Clause 15 of the Letters Patent Act against the order
                passed by this Court in W.P.(MD)No.5412 of 2014, reserved on 25.08.2020,
                delivered on 03.11.2020.
                             For Appellant               : Mr.G.Thalaimutharasu

                             For R1                      : Mr.P.Mahendran

                                                     *****

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                                                                               W.A.(MD)No.1300 of 2020



                                               JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J)

This Writ Appeal has been preferred by the appellant, who is the

petitioner in the Writ Petition, seeking to set aside the order of the learned

Single Judge, who while dismissing the Writ Petition, upheld the order passed

by first respondent.

2.When it was pointed out to the learned counsel appearing for the

appellant that the order dated 14.03.2014, is only a communication sent by the

first respondent to the second respondent to act in accordance with law and

since the appellant is not a party to the same, he cannot be said to be a person

aggrieved, the learned counsel for the appellant submitted that he would

withdraw the Writ Petition, provided the findings of the learned Single Judge

are set aside.

3.The cause of action for the appellant would arise only when an

action is sought to be taken pursuant to the impugned order. If it is done,

perhaps, at that time, the appellant can challenge the same.

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W.A.(MD)No.1300 of 2020

4.In such view of the matter, we permit the learned counsel appearing

for the appellant to withdraw the Writ Petition and for the aforesaid purpose, we

set aside the findings of the learned Single Judge. Liberty is given to the

appellant to work out his remedy in the manner known to law in the event of

any adverse order being passed against him.

5.This Writ Appeal is disposed of accordingly. No costs.

Consequently, connected Miscellaneous Petition is closed. We make it clear

that this judgment will not stand in the way of the second respondent to proceed

further in the manner known to law.

                Index      :Yes/No                            [M.M.S.J.,]        [S.A.I.J.,]
                Internet :Yes                                           06.01.2021
                smn2

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Deputy Registrar of Co-operative Societies, Lalgudi Range, Lalgudi, Trichy District.

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W.A.(MD)No.1300 of 2020

M.M.SUNDRESH, J.

AND S.ANANTHI, J.

smn2

2.The President, No.273, Valady Primary Agricultural Co-operative Credit Society, Valady Post, Lalgudi Taluk, Trichy District.

W.A.(MD)No.1300 of 2020

06.01.2021

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