Madras High Court
T.Kannan vs The Registrar Of Co-Operative ... on 13 July, 2021
W.A.(MD)No.627 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.627 of 2019
1.T.Kannan
2.H.Nazar Ahamed .. Appellants/3rd parties/3rd parties
Vs.
1.The Registrar of Co-operative Societies,
170, E.V.R. Periyar Salai, Kilpauk,
Chennai – 10.
2.The Managing Director/Joint Registrar of Co-operative Societies,
Dindigul District Central Co-operative Bank Ltd.,
Kooturavu Nagar,
Trichy Road,
Dindigul – 624 005.
3.The President,
Dindigul District Central Co-operative Bank Ltd.,
Kooturavu Nagar,
Tirunelveli Road,
Dindigul – 624 005. .. Respondents 1 to 3/Respondents 1 to 3
/Respondents 1 to 3
4.S.Kadalkannan
5.S.Muthuvel
6.P.Kasilingam
https://www.mhc.tn.gov.in/judis/
1/6
W.A.(MD)No.627 of 2019
7.G.Shanmuga Sundaram
8.A.Manickkaraj
9.D.Arunkumar
10.V.Kanimozhi
11.P.Velmurugan
12.G.Jeyabalan .. Respondents 4 to 11/Petitioners /
Writ Petitioners
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 19.09.2018, in W.M.P.(MD) No.1499
of 2016 in W.P.(MD)No.1734 of 2016.
For Appellants : Mr.D.Sadiq Raja
For Respondent No.1 : Mr.R.Baskaran
Standing Counsel for Government
For Respondent No.2 : Mr.S.Seenivasagam
Standing Counsel
For Respondent No.3 : No appearance
For Respondent Nos.4 to 12: Mr.V.O.S.Kalaiselvam
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
Heard Mr.D.Sadiq Raja, learned counsel for the appellants,
Mr.R.Baskaran, learned Standing Counsel for Government, appearing for
respondent No.1, Mr.S.Seenivasagam, learned Standing Counsel for
Respondent No.2 and Mr.V.O.S.Kalaiselvam, learned counsel for
Respondent Nos.4 to 12.
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W.A.(MD)No.627 of 2019
2.This Writ Appeal is directed against an interim order dated
19.09.2018, in W.M.P.(MD) No.1499 of 2016 in W.P.(MD)No.1734 of 2016.
3.The appellants though filed a petition to implead themselves in
the said Writ Petition and the impleading petition was also shown in the
cause list dated 19.09.2018, the name of the counsel for the impleading
petitioners was not printed in the cause list. As a result, the impleading
petition is still pending and the interim order granted in W.M.P.(MD) No.
1499 of 2016 has been made absolute. Therefore, the appellants sought
to file the Writ Appeal and the present appeal is very much prosecuted.
In the meantime, the impugned order has been implemented and a
revised seniority list was published on 14.12.2018.
4.We are informed by the learned counsel for the third
respondent society that certain third parties in the Writ Petition
challenged the revised list.
5.We perused the order sheet and find that the Writ Appeal is
neither admitted nor notice was ordered, but adjourned from time to
time. Even today, a feeble request was made by the learned counsel for
the appellants for adjournment. We have rejected the said request for
more than two reasons, namely, by keeping the Writ Appeal pending no
purpose would be served as the impugned order in the Writ Petition has
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W.A.(MD)No.627 of 2019
been implemented. That apart, the Writ Petition is pending and the
revised seniority fixed by way of the impugned order has been put to
challenge in separate Writ Petitions and one such Writ Petition is W.P.
(MD) No.39 of 2019.
6.In such circumstances, we dispose of the Writ Appeal, giving
liberty to the appellants to raise all the contentions in the pending Writ
Petition in W.P.(MD) No.1734 of 2016, since the appellants have already
filed impleading petition in W.M.P.(MD) No.4333 of 2016 in the Writ
Petition. In the event, the said petition has not been ordered, the
appellants shall be impleaded as respondent Nos.4 and 5 in the Writ
Petition. However, for some reasons, if the impleading petition was closed
or dismissed, we implead the appellants as respondent Nos.4 and 5 in the
Writ Petition. It is open to the appellants to file counter affidavit in the
said Writ Petition, since the matter is of the year 2016. Registry is
directed to list W.P.(MD) No.1734 of 2016 before the appropriate Hon'ble
Bench during the third week of August, 2021. No costs.
[T.S.S., J.] & [S.A.I., J.]
13.07.2021
Index : Yes / No
Internet : Yes / No
sj
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.627 of 2019
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 Registrar of Co-operative Societies,
170, E.V.R. Periyar Salai, Kilpauk,
Chennai – 10.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.627 of 2019
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
sj
JUDGMENT MADE IN
W.A.(MD)No.627 of 2019
13.07.2021
https://www.mhc.tn.gov.in/judis/
