Writ petition challenging interim stay order on suspension of respondent secretary was closed by the court as no cause of action survives following subsequent reinstatement of the executive officer and initiation of new disciplinary proceedings.
The writ petition was closed and dismissed with no costs.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.11.2018 CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.(MD) No.7233 of 2018
The Venkanji Primary Agricultural Co-operative Credit Society Ltd., Y-84 Kollemcode Post, Kanyakumari District Rep by its President
... Petitioner vs.
1.The Joint Registrar of Co-op Societies, Kanyakumari Region at Nagercoil, Collector Office New Building, 2nd Floor, Kanyakumari District.
2.D.Selvaraj Secretary (Under Suspension), The Venkanji Primary Agricultural Co-operative Credit Society Ltd., Y-84 Kollemcode Post, Kanyakumari District
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Certiorari, to call for the records relating to the impugned proceedings of the first respondent in Na.Ka.5277 of 2017 Sa Pa dated 08.03.2018 (received on 26.03.2018) and quash the same as illegal.
For Petitioner : Mr.M.Jerin Mathew For R-1 : Mr.J.Gunaseelanmuthiah, Additional Government Pleader. For R-2 : Mr.S.Sivakumar
ORDER
Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the first respondent and the learned counsel appearing for the second respondent.
2.The interim order passed by the first respondent herein granting stay of the suspension order is under challenged in this writ petition.
3.The learned counsel appearing for the petitioner would submit that the second respondent was reinstated, subsequent to the order passed in the impugned order. Disciplinary proceeding was initiated against him punishment of treating the period of suspension, as https://hcservices.ecourts.gov.in/hcservices/ leave has also been imposed. Hence, nothing survives in this writ petition.
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4.In view of the above said fact, this writ petition is closed. No costs.
Sd/Assistant Registrar(CS-III)
/True Copy/
Sub Assistant Registrar(CS-III)
To:
The Joint Registrar of Co-op Societies, Kanyakumari Region at Nagercoil, Collector Office New Building, 2nd Floor, Kanyakumari District.
+1CC to Mr.S.Sivakumar, Advocate, SR.No. 97257 +1CC to Mr.M.E.Ilango, Advocate, SR.No. 97272 +1CC to the Special Government Pleader SR.No.97624
W.P.(MD) No.7233 of 2018 27.11.2018
CP
ES/SKN/RSK/SAR 3/14.12.2018/2P/5C
1 issue framed by the court
Whether to allow writ petition seeking quashing of impugned stay order staying suspension of second respondent
1 provisions across 1 enactments
The Venkanji Primary Agricultural Co-operative Credit Society Ltd.
The Joint Registrar of Co-op Societies, Kanyakumari Region
D.Selvaraj
Justice G.Jayachandr
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
