The Administrator vs V.Bose ... 1St
2023 Latest Caselaw 9172 Mad

                                                                       W.A(MD)No.1202 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 27.07.2023

                                                     CORAM:

                               THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                               and
                       THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                            W.A(MD)No.1202 of 2023
                                                    and
                                           C.M.P(MD)No.9074 of 2023

                     The Administrator,
                     R.R.1398 Melaselvanoor Primary Agri.
                     Cooperative Credit Society,
                     Melaselvanoor,
                     Kadaladi Taluk,
                     Ramanathapuram District.                     ... Appellant/3rd respondent

                                                     Vs.


                     1.V.Bose                                  ... 1st respondent/writ petitioner

                     2.The Joint Registrar of Cooperative Societies,
                       Ramanathapuram.

                     3.The Deputy Registrar of
                       Cooperative Societies,
                       Madurai Road, Paramakudi,
                       Ramanathapuram District.
                                              ... 2nd &3rd respondents/1st and 2nd respondents

                     Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against
                     the order made in W.P(MD)No.16488 of 2019 dated 16.09.2022.
                                         For Appellant           :Mr.P.Mahendran

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                                                                           W.A(MD)No.1202 of 2023

                                              For R-1                :Mr.S.Kumar
                                              For R-2 & R-3         :Mr.M.Lingadurai,
                                                                     Special Government Pleader

                                                          ***
                                                       JUDGMENT

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

Heard Mr.P.Mahendran, learned counsel for the appellant,

Mr.S.Kumar, learned counsel for the first respondent and

Mr.M.Lingadurai, learned Special Government Pleader for respondents

2 and 3.

2. Challenging the order of the learned Single Judge, dated

16.09.2022 made in W.P(MD)No.16488 of 2019, the appellant society

has preferred this writ appeal.

3. The first respondent/writ petitioner, who served in the

appellant society has filed the writ petition seeking for a direction to

settle all the service and retiral benefits to him.

4. The learned Single Judge has allowed the writ petition and

directed the appellant to settle the service and retirement benefits of the

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W.A(MD)No.1202 of 2023

writ petitioner within a period of eight weeks from the date of receipt of

the order. Challenging the said order, the appellant society has filed this

writ appeal.

5. Though various grounds have been raised, the learned

counsel appearing for the appellant submitted that the order of the

learned Single Judge cannot be sustained as the Society is facing some

financial costraints.

6. However, even before the learned Single Judge, the

appellant has not disputed the liability and therefore, this Court cannot

now countenance the argument of the learned counsel for the appellant.

7. In view of the above, this Court is unable to find any reason

to interfere with the order of the learned Single Judge. Therefore, this

writ appeal is liable to be dismissed. Hence, this writ appeal is dismissed.

No Costs. Consequently, connected Miscellaneous Petition is closed.

                                                                 [S.S.S.R., J.]    [D.B.C., J.]
                                                                        27.07.2023
                     Index        : Yes / No
                     NCC          : Yes/No
                     pm

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

W.A(MD)No.1202 of 2023

To

1.The Joint Registrar of Cooperative Societies, Ramanathapuram.

2.The Deputy Registrar of Cooperative Societies, Madurai Road, Paramakudi, Ramanathapuram District.

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W.A(MD)No.1202 of 2023

S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY, J.

pm

W.A(MD)No.1202 of 2023

27.07.2023

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