Madras High Court
V.Marks vs The Registrar Of The Co-Operative ... on 1 October, 2021
1 W.A.No.1227 of 2021
& W.M.P.No.7836 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2021
Coram
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
W.A.No.1227 of 2021
and
W.M.P.No.7836 of 2021
V.Marks ...Appellant
vs.
1.The Registrar of the Co-operative Societies,
170, EVR Periyar High Road,
Kilpauk, Chennai – 600 010
2.The Joint Registrar of the Co-operative Societies,
Kancheepuram District,
Kancheepuram
3.The Deputy Registrar of the Co-operative Societies,
Kancheepuram Circle,
Kancheepuram District ...Respondents
Prayer: Writ appeal is filed under clause 15 of the Letter Patent praying to
set aside the order passed by the Honourable Court in W.P.No.15242 of
2020 dated 28.10.2020.
https://www.mhc.tn.gov.in/judis
2 W.A.No.1227 of 2021
& W.M.P.No.7836 of 2021
For Appellant : Mr. G.Sankaran
For Respondents : Mr.K.Tippu Sultan
Government Counsel
JUDGMENT
(Judgement of the Court was made by S.VAIDYANATHAN, J.)
Instant writ appeal is directed against the order dated 28.10.2020
made in W.P.No.15242 of 2020.
2. When the matter is taken up for hearing, it is represented by
Mr.Sankaran, learned counsel for the appellant that the power under Section
76-A of the TNCS Act, 1983 has been wrongly invoked by the second
respondent to suspend the appellant herein and the said action of the second
respondent has been confirmed by the learned Single Judge. Aggrieved by
the order passed in the writ petition, the appellant is before this Court.
3. In the midst of argument, he further submitted that there was a
subsequent order dated 10.09.2020 passed by the second respondent and
therefore, liberty may be given to the appellant to challenge the subsequent
https://www.mhc.tn.gov.in/judis
& W.M.P.No.7836 of 2021
order dated 10.09.2020 so as to reserve his rights to put forth his argument
against the said subsequent order dated 10.09.2020.
4. In view of the above submission, this Court, without rendering any
finding on merits that has been raised in the writ petition is inclined to
dispose of the Writ Appeal with liberty to the appellant/writ petitioner to
challenge the subsequent order dated 10.09.2020 based on the documents
available with him both factually and legally.
5. Accordingly the writ appeal is disposed of. No costs. Consequently
connected miscellaneous petition is also closed.
(S.V.N.J.,) (A.A.N.J.,)
01.10.2021
dpq
Speaking order/Non-speaking order
Index: Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis
& W.M.P.No.7836 of 2021
S.VAIDYANATHAN, J.
and
A.A.NAKKIRAN, J.
dpq
To
1.The Registrar of the Co-operative Societies,
170, EVR Periyar High Road,
Kilpauk, Chennai – 600 010
2.The Joint Registrar of the Co-operative Societies,
Kancheepuram District,
Kancheepuram
3.The Deputy Registrar of the Co-operative Societies,
Kancheepuram Circle,
Kancheepuram District
W.A.No.1227 of 2021
and
W.M.P.No.7836 of 2021
01.10.2021
https://www.mhc.tn.gov.in/judis
