Single Judge dismissed a writ petition challenging an enquiry report, as proceedings under Section 87 of the Tamil Nadu Co-operative Societies Act were already pending. Appellant's appeal against this dismissal was also dismissed.
Writ Appeal and connected Miscellaneous Petition dismissed; no costs.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.09.2011
CORAM:
THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.824 of 2011 and M.P.No.1 of 2011
P.Chellamuthu : Appellant
Vs.
1.The Commissioner of Agriculture/ The Registrar, Agriculture Engineering Service, Department of Agriculture, Chepauk, Chennai 600 005.
2.The Deputy Registrar, Agriculture Engineering Service, Department of Agriculture,
Chepauk, Chennai 600 005.
3.The Senior Co-operative Sub Registrar/Enquiry Officer, Agriculture Engineering Service, Department of Agriculture, Chepauk, Chennai 600 005. : Respondents
PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 03.08.2011 made in W.P.(MD).No.8447 of 2011 on the file of this Court.
Writ petition filed under Article 226 of the Constituting of India praying for the issuance of a writ of Certiorarified Mandamus to call for the enquiry report in Na.Ka.No.80621/11/AES 4 dated 18/3/2011 on the file of third respondent and quash the same and consequently for bearing the second respondent from enforcing the surcharge proceedings on the basis of the impugned enquiry report dated 18/3/2011 passed by the third respondent.
For Appellant : Mr.S.Sankhar Murali
JUDGMENT
[Judgment of the Court was delivered BY P.JYOTHIMANI, J]
https://hcservices.ecourts.gov.in/hcservices/ On the face of it, the filing of the Writ Appeal is misconceived. The learned Single Judge correctly, in our considered view, has
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considered that when the proceedings under Section 87 of the Tamil Nadu Co-operative Societies Act, [for short the Act"] has already been commenced, the Writ Petition filed to quash the Enquiry Report dated 18.03.2011 cannot be entertained.
Sd/-
Assistant Registrar(AE )
/True Copy/
Sub Assistant Registrar
To
1.The Commissioner of Agriculture/ The Registrar, Agriculture Engineering Service, Department of Agriculture, Chepauk, Chennai 600 005.
2.The Deputy Registrar, Agriculture Engineering Service, Department of Agriculture, Chepauk, Chennai 600 005.
+one cc to Special Government Pleader, Sr.No. 29912 +1cc to Mr.K.S.Sankhar Murali Advocate, Sr.No.29849
JUDGMENT MADE IN W.A.(MD).No.824 of 2011 05.09.2011
NB
SMA/16.9.2011/6C/2P
2 issues framed by the court
Whether the Writ Appeal can be entertained once proceedings under Section 87 of the Tamil Nadu Co-operative Societies Act have commenced.
Whether there is any infirmity in the order of the learned Single Judge dismissing the Writ Petition.
3 provisions across 3 enactments
P.Chellamuthu
The Commissioner of Agriculture
The Deputy Registrar, Agriculture Engineering Service
The Senior Co-operative Sub Registrar/Enquiry Officer
P.Jyothimani
M.M.Sundresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
