IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.6.2017 CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.4887 of 2016 E-1376 Cuddalore District Co-operative Department and Audit Department Co-operative Thrift and Credit Society Ltd. Rep. By its President, Cuddaore. ... Petitioner Vs.
1 The Deputy Registrar of Co-operative Societies/Arbitrator, Cuddalore circle, Cuddalore.
2 The Deputy Registrar/Principal Revenue Officer, Cuddalore District Central Co-operative Bank Ltd., Cuddalore 607 001.
3 N.Ramalingam
4 S.Seenuvasan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the order passed by the second respondent in E.P.No.253/07-08 Ne & Ka dated 13.9.2014 and quash the same and direct the second respondent to record the full satisfaction in E.P.No.253/07-08.
For Petitioner : Mr.M.S.Palanisamy For Respondents 1&2 : Mr.V.Selvaraj, A.G.P. For Respondent No.3 : No appearance For Respondent No.4 : Mr.J.Bharathi *****
O R D E R
According to the petitioner, the impugned order passed by the second respondent is challenged before this Court mainly on the ground that there is no necessity to withdraw E.P. as stated in the impugned order. The second respondent has misdirected himself and passed such order as if the petitioner has made submission to withdraw the said E.P. Therefore, the said order is liable to be set aside.
2 The learned Govt. Advocate on the basis of the letter, dated 27.6.2017, communicated to the Special Govt. Pleader, would submit that said E.P.is pending before the second respondent for want of compliance. If the petitioner's society return back the execution petition and represent along with properties of the 3rd respondent, the 2nd respondent ought to have taken the execution petition and pass orders in accordance with law.
3 Heard the learned counsel for the petitioner and the learned Additional Govt. Pleader for the respondents 1 and 2, learned counsel for the 4th respondent and perused the materials on record.
4 In the light of the submission made by the learned Additional Govt. Pleader, the impugned order passed by the second respondent is quashed.
5 Accordingly, the writ petition is allowed. Petitioner is permitted to represent the E.P.No.253/07-08 within two weeks from the date of receipt of copy of this order. No costs.
28.6.2017 Speaking / Non Speaking order Index : Yes/No Internet : Yes/No vaan To
1 The Deputy Registrar of Co-operative Societies/Arbitrator, Cuddalore circle, Cuddalore.
2 The Deputy Registrar/Principal Revenue Officer, Cuddalore District Central Co-operative Bank Ltd., Cuddalore 607 001.
D.KRISHNAKUMAR, J.
vaan W.P.No.4887 of 2016 28.6.2017 http://www.judis.nic.in