The Madurai Bench of the Madras High Court dismissed a writ appeal filed under Clause 15 of the Letters Patent as infructuous, noting that the underlying writ petition had already become ineffective.
The Writ Appeal dismissed as infructuous; connected Miscellaneous Petition closed. No costs.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.06.2017
CORAM:
THE HONOURABLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
W.A.[MD].No.735 of 2017 and C.M.P(MD).No.5510 of 2017
P.Sangaiah : Appellant
Vs.
1.The Deputy Registrar of Co-operative Societies [Housing] Madurai Region,
First Street, K.K.Nagar, Madurai.
2.The Sub-Registrar of Co-operative Societies
[Housing], Office of the Deputy Registrar of Co-operative Societies,
[Housing], First Street, K.K.Nagar, Madurai.
: Respondents
PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 04.01.2012 made in W.P.(MD).No.459 of 2010, on the file of this Court.
Prayer in WP(MD)No.459 of 2010:-
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF MANDAMUS, forbearing the respondents herein from appointing or nominating any special officer for managing the affairs of the petitioner society as contemplated in his notice dated 14-11-2009 in his proceedings in N.K.No.2727/2008 ki.vi. till an election is conducted to the petitioner society namely MDA/HSG, 139 Madurai Suriya Nagar Co-operative Housing Society, Madurai for electing the office bearers of the Board of Directors of the Petitioner Society.
For Appellant : Mr.M.Saravanan
For Respondents : Mr.V.Muruganantham Additional Government Pleader
2
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
The learned counsel appearing for the appellant submits that the Writ Appeal has become infructuous.
Sd/-
Assistant Registrar(P&A)
/True Copy/
Sub-Assistant Registrar
To
1.The Deputy Registrar of Co-operative Societies [Housing] Madurai Region, First Street, K.K.Nagar, Madurai.
2.The Sub-Registrar of Co-operative Societies [Housing], Office of the Deputy Registrar of Co-operative Societies,
[Housing], First Street, K.K.Nagar, Madurai.
+One cc to Mr.R.Subramanian, Advocate, SR.No.61907
+One cc to The Special Government Pleader, SR.No.62379
NB
RL/5C/2P/MR/SAR1/4/7/2017
JUDGMENT MADE IN
W.A.[MD].No.735 of 2017
23.06.2017
2 issues framed by the court
Whether the writ appeal filed under Clause 15 of the Letters Patent is maintainable after the underlying writ petition became infructuous.
Whether the co-operative societies respondents should be restrained from appointing a special officer pending elections.
P. Sangaiah
Deputy Registrar of Co-operative Societies [Housing] Madurai Region
Sub-Registrar of Co-operative Societies [Housing] Madurai
Indira Banerjee
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
