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Kumaresan vs The Registrar Of Co-Operative ...
2024 Latest Caselaw 15938 Mad

Citation : 2024 Latest Caselaw 15938 Mad
Judgement Date : 19 August, 2024

Madras High Court

Kumaresan vs The Registrar Of Co-Operative ... on 19 August, 2024

Author: C.V. Karthikeyan

Bench: C.V. Karthikeyan, J.Sathya Narayana Prasad

                                                                   W.A(MD) Nos.463 and 505 of 2019


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 19.08.2024

                                                    CORAM:

                            THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN
                                               and
                       THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

                                      W.A(MD) Nos.463 and 505 of 2019
                                                    and
                                    C.M.P. (MD) Nos.3866 and 4335 of 2019


                     W.A. (MD) No.463 of 2019:


                     Kumaresan                                   ... Appellant/5th Respondent


                                                       -vs-


                     1. The Registrar of Co-Operative Societies,
                        No.170, EVR Periyar High Road, Kilpauk,
                        Chennai - 10.

                     2. The Joint Registrar of Co-Operative Society,
                        Tirunelveli Region,
                        Palayamkottai 627 002,
                       Tirunelveli District.

                     3. The Deputy Registrar of Co-Operative Societies,
                        Cheranmahadevi Cicle, Cheranmahadevi Post,
                        Tirunelveli District.

                     4. The President,
                       O.70, Pazhavoor Primary Agriculture Co-

                     ____________
https://www.mhc.tn.gov.in/judis
                     Page 1 of 7
                                                                    W.A(MD) Nos.463 and 505 of 2019


                        Operative Credit Society,
                        Pazhavoor-327 121, Radhapuram Tk.,
                        Tirunelveli District.
                                                  ... Respondents 1 to 4/Respondents 1 to 4

                     Prayer: Writ Appeals filed under Clause 15 of Letters Patent, to set aside
                     the order passed in W.P. (MD) No.9948 of 2017 dated 23.01.2019 and
                     allow the present Writ Appeal.


                                  For Appellant     : No appearance

                                  For Respondents   : Mr.M.Mahaboob Athiff for R1
                                                      Mr.N.Ramesh Arumugam for R2

                     W.A. (MD) No.505 of 2019:


                     1. The Registrar of Co-Operative Societies,
                        No.170, Evr Periyar High Road, Kilpauk,
                        Chennai - 10.

                     2. The Joint Registrar of Co-Operative Society,
                        Tirunelveli Region,
                        Palayamkottai 627 002,
                       Tirunelveli District.

                     3. The Deputy Registrar of Co-Operative Societies,
                        Cheranmahadevi Cicle, Cheranmahadevi Post,
                        Tirunelveli District.

                     4. The President,
                       O.70, Pazhavoor Primary Agriculture Co-
                       Operative Credit Society,
                        Pazhavoor-327 121, Radhapuram Tk.,
                       Tirunelveli District.                   ... Appellants/
                                                                     Respondents 1 to 4


                     ____________
https://www.mhc.tn.gov.in/judis
                     Page 2 of 7
                                                                         W.A(MD) Nos.463 and 505 of 2019


                                                             -vs-

                     1.Mr.Kumaresan                                    ... 1st Respondent/
                                                                       5th Respondent
                     2.T.Raja Pandian                                  ... 2nd Respondent/
                                                                       Writ Petitioner
                     Prayer: Writ Appeals filed under Clause 15 of Letters Patent, to set aside
                     the order passed in W.P. (MD) No.9948 of 2017 dated 23.01.2019 and
                     allow the present Writ Appeal.


                                     For Appellant       : Mr.N.Ramesh Arumugam

                                     For Respondents     : Mr.M.Mahaboob Athiff for R2



                                                  COMMON JUDGMENT


The fifth respondent in W.P. (MD) No.9948 of 2017 had filed W.A.

(MD) No.463 of 2019 and the respondents 1, 2 and 4 in the same writ

petition had filed W.A. (MD) No.505 of 2019.

2. The writ petition had been filed questioning a suspension order

passed by the fourth respondent in the writ petition, namely, the

President, Pazhavoor Primary Agriculture Co-operative Credit Society at

Radhapuram in Tirunelveli District, dated 24.08.2016 and to quash the

same and direct the respondents to grant all service and monetary

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

W.A(MD) Nos.463 and 505 of 2019

benefits to the petitioner.

3. The learned Single Judge of this Court by an order dated

23.01.2019 had allowed the writ petition and had quashed the order of

suspension dated 24.08.2016 and also directed the fourth respondent/

Pazhavoor Primary Agriculture Co-operative Credit Society to reinstate

the writ petitioner into service and pay subsistence allowance. A time

limit was also given to complete that particular exercise since the writ

petitioner, pending the writ petition had also filed a Contempt Petition in

Cont.P. (MD) No.672 of 2018. Questioning that particular order of the

learned Single Judge dated 23.01.2019, the Writ Appeals had been filed

as aforementioned.

4. We are now informed that the suspension order passed against

the writ petitioner had been subsequently revoked and the disciplinary

proceedings had also been dropped subject, of course, to the criminal

proceedings which are pending, with right and liberty to reopen the

disciplinary proceedings, if required.

5. Necessary instructions in that regard had also been forwarded to

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

W.A(MD) Nos.463 and 505 of 2019

this Court. Taking into consideration that particular development,

without entering into any further discussion on merits, both the Writ

Appeals stand disposed of. No costs. Consequently, the connected Civil

Miscellaneous Petitions are closed.

                                                             [C.V.K., J.]      [J.S.N.P., J.]
                                                                      19.08.2024
                     Index: Yes/No
                     Speaking/Non-speaking order
                     Neutral citation:Yes/No
                     PKN



                     To

1. The Registrar of Co-Operative Societies, No.170, EVR Periyar High Road, Kilpauk, Chennai - 10.

2. The Joint Registrar of Co-Operative Society, Tirunelveli Region, Palayamkottai 627 002, Tirunelveli District.

3. The Deputy Registrar of Co-Operative Societies, Cheranmahadevi Cicle, Cheranmahadevi Post, Tirunelveli District.

4. The President, O.70, Pazhavoor Primary Agriculture Co- Operative Credit Society, Pazhavoor-327 121, Radhapuram Tk., Tirunelveli District.

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

W.A(MD) Nos.463 and 505 of 2019

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

W.A(MD) Nos.463 and 505 of 2019

C.V. KARTHIKEYAN, J.

and J.SATHYA NARAYANA PRASAD, J.

PKN

W.A(MD) Nos.463 and 505 of

19.08.2024

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

 
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