The President vs R.Ravindran
2023 Latest Caselaw 15666 Mad

Madras High Court

The President vs R.Ravindran on 5 December, 2023

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                        W.A.(MD)No.953 of 2021


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 05.12.2023

                                                    CORAM:

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                       AND
                          THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                           W.A.(MD)No.953 of 2021
                                                     an
                                          C.M.P.(MD)No.4305 of 2021

                1.The President,
                  TNSPL 120, Kuruvikulam Primary Agricultural
                      Co-operative Credit Society Ltd.,
                  Kurvikulam-627 754, Thiruvenkatam,
                  Tirunelveli District.

                2.K.Ramasubbu                                          ... Appellants
                                                        Vs.

                1.R.Ravindran

                2.The Joint Registrar of Co-operative Societies,
                  Joint Registrar Office, Sarvanganar Street,
                  Palayamkottai, Tirunelveli District.

                3.The Deputy Registrar of Co-operative Societies,
                  Deputy Registrar Office,
                  No.9, UC Maharaja Nagar,
                  Tirunelveli District.                               ... Respondents




                1/4


https://www.mhc.tn.gov.in/judis
                                                                                       W.A.(MD)No.953 of 2021


                PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
                the orders passed in W.P.(MD)No.5446 of 2021, dated 12.03.2021 on the file of
                this Court.


                                          For Appellants     : Mr.S.Kumar
                                          For R1             : No Appearance
                                          For R2 & R3        : Mr.S.P.Maharajan,
                                                              Special Government Pleader


                                                           JUDGMENT

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

This Writ Appeal has been directed against the order dated 12.03.2021

passed in W.P.(MD)No.5446 of 2021.

2.The 1st respondent filed Writ proceedings, challenging the order of

suspension issued by the 1st appellant, namely, the President, Kuruvikulam

Primary Agricultural Co-operative Credit Society Ltd., which is a Co-operative

Society registered under the Tamil Nadu Co-operative Societies Act, 1983. The

learned Single Judge directed the authorities competent to consider the

representation submitted by the 1st respondent, in the light of the judgment of the

Apex Court in the case of Ajay Kumar Choudhary Vs. Union of India reported in

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

(2015) 7 SCC 291. However, the said judgment has been subsequently clarified

by the subsequent judgments of the Apex Court and period of three months

stipulated in the judgment is not mandatory.

3.In the present case, the learned counsel appearing for the appellants

brought to our notice that the 1st respondent was already dismissed from service

during the pendency of this appeal on 01.10.2021. This being the factum, the

cause did not exist. Thus, no further adjudication is required in this appeal.

Accordingly, this Writ Appeal stands closed. No costs. Consequently, connected

miscellaneous petition is also closed.

                                                                   (S.M.S., J.) & (V.L.N., J.)
                                                                              05.12.2023
                NCC      : Yes / No
                Index : Yes / No
                Internet : Yes / No
                Yuva

                To

1.The Joint Registrar of Co-operative Societies, Joint Registrar Office, Sarvanganar Street, Palayamkottai, Tirunelveli District.

2.The Deputy Registrar of Co-operative Societies, Deputy Registrar Office, No.9, UC Maharaja Nagar, Tirunelveli District.

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

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

Yuva

05.12.2023

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