Madras High Court
P.Kanagaraj vs The Registrar Of Co-Operative ... on 27 July, 2023
W.A.(MD)No.1354 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.07.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.1354 of 2013
P.Kanagaraj ...Appellant
/Vs./
1.The Registrar of Co-Operative Societies,
Kilpauk, Chennai-10.
2.The Deputy Registrar of Co-operative Societies,
Thuckalay Circle, Thuckalay,
Kanyakumari District.
3.The Special Officer,
No.93, Viluthaiambalam Primary Agriculture
Co-op. Societies,
Kanyakumari District. ...Respondents
PRAYER:- Writ Appeal - filed under Clause XV of Letters Patent Act, to
allow this appeal and set aside the order of this Court dated 14.09.2010
passed in W.P.(MD)No.7285 of 2008.
1/6
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W.A.(MD)No.1354 of 2013
For Appellant : Mr.Mohana Sundaram
for Mr.C.K.M.Appaji
For Respondents : Mr.K.S.Selvaganesan (R1 & R2)
Additional Government Pleader
No appearance (R3)
JUDGMENT
(Judgment of the Court was made by DR.ANITA SUMANTH, J.)
Read this judgment in conjunction with and in continuation of
the order dated 03.07.2023, which reads as follows:
“The appellant has challenged an order
dated 14.09.2010 disposing a batch of Writ Petitions
relegating the Writ Petitioners to the Statutory
authorities for appropriate relief. One among those
petitioners is the appellant before us, whose prayer
is only for a Mandamus, since in his case, no
adverse order had been passed. In fact, the prayer
of the appellant before us is set out in his
representation, dated 23.02.2008, wherein, he
requests the disbursal of dearness allowance arrears
from 01.07.1997 to 30.04.2007 in terms of G.O.Ms.
97, Co-operation, Food and Consumer Protection
Department, dated 28.03.2001.
2.A copy of the counter of the third
respondent, ie., the Special Officer of No.93,
Vilunthaiambalam Primary Agriculture Co-
operative Society, is circulated and the stand therein
is that the Writ Petition is not maintainable and that
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W.A.(MD)No.1354 of 2013
the appellant must be relegated to statutory remedy.
We find this stand unacceptable to the reason that
there is no order per se that has been passed against
the appellant, as against which, the appellant could
be relegated to statutory remedy.
3.Thus, noting that the prayer before us is
identical to the prayer raised in representation dated
23.02.2008, it is appropriate that the second
respondent, being the Deputy Registrar of
Cooperative Societies, Thuckalay, Kanyakumari
District, dispose the representation within a period
of two weeks.
4.To facilitate the above process, as the
Writ Petition is of the year 2010, the appellant may
appear before the second respondent on 11.07.2023
at 10.30 a.m., with a copy of the representation,
Government Orders and all other documents, upon
which he relies. Let an order be passed by the
second respondent on or before 25.07.2023.
5.List this matter on 27.07.2023 for
production of the order as above.”
2. Both parties state that hearing was conducted on 11.07.2023
as directed in the order above. Orders have been passed on 24.07.2023
and a copy of the order has been handed over to the learned counsel for
the appellant for onward transmission to the writ petitioner / appellant.
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W.A.(MD)No.1354 of 2013
3. On a perusal thereof, it appears that the request of the writ
petitioner / appellant has been substantially considered, though not
totally. Liberty is granted to the writ petitioner / appellant to take request
of remedial measures if he is so advised.
4. In light of the narration aforesaid, nothing survives in this
Writ Appeal as mandamus sought at the original instance has now been
achieved. This Writ Appeal is closed. No costs.
[A.S.M.J.,] & [R.V.J.,]
27.07.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
Sm
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W.A.(MD)No.1354 of 2013
TO:
1.The Registrar of Co-operative Societies,
Kilpauk, Chennai-10.
2.The Deputy Registrar of Co-operative Societies,
Thuckalay circle, Thuckalay,
Kanyakumari District.
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W.A.(MD)No.1354 of 2013
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
sm
Judgment made in
W.A.(MD)No.1354 of 2013
Dated:
27.07.2023
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