Writ petitions seeking declaration that FIR violates specific sections of Tamil Nadu Co-operative Societies Act and Constitutional entries were dismissed for non-prosecution due to non-appearance of petitioners on the final hearing date. No costs awarded and connected miscellaneous petitions closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2019
CORAM
THE HONOURABLE MR. JUSTICE M. DURAISWAMY
W.P.Nos.31587 to 31589 of 2005
W.M.P.Nos. 34632 to 34634 of 2005
K.S.S. Prasad ... Petitioner in W.P.No.31587/2005 M.Vivekananda Samy ... Petitioner in W.P.No.31588/2005 R. Narayana Samy ... Petitioner in W.P.No.31589/2005
vs.
1. The Deputy Registrar,
(Dairying),
Dharmapuri.
Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring the FIR in Crime No.6 of 2005, dated 19.09.2005 on the file of the 2nd respondent is violative of the Provisions of Sections 73,81,161 and 162 of the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983) and Violative Entry 43 of List I, Entry 32 of List II, Entry 1 of List III of the VIIth Schedule of the Constitution of India and arbitrary and null and void and without jurisdiction.
For Petitioners : No Appearance
For Respondents : Mr. S. Suresh Kumar
Government Advocate
COMMON ORDER
When the Writ Petitions were was listed for hearing on 15.11.2019, there was no representation on behalf of the petitioners, hence, the Writ Petitions were adjourned to 18.11.2019. On 18.11.2019 also, there was no representation on behalf of the petitioners. Hence, the Registry was directed to list the Writ Petitions under the caption “for dismissal” on 20.11.2019.
-s/dAssistant Registrar(CCC)
True Copy
Sub-Assistant Registrar
Rj
To
1. The Deputy Registrar,
(Dairying),
Dharmapuri.
2. The Inspector of Police,
Commercial Crime Investigation Wing,
Byrappa Road,
Pudupettai,
Krishnagiri.
+1 CC to The Govt. Pleader sr 97071.
W.P.Nos.31587 to 31589 of 2005
W.M.P.Nos. 34632 to 34634 of 2005
VBA(CO)
SP(19/12/2019)
2 issues framed by the court
Whether writ petitions challenging FIR on constitutional and statutory grounds were prosecuted.
Whether absence of petitioners justified dismissal for non-prosecution.
K.S.S. Prasad
M. Vivekananda Samy
R. Narayana Samy
The Deputy Registrar (Dairying), Dharmapuri
The Inspector of Police, Commercial Crime Investigation Wing, Byrappa Road, Pudupettai, Krishnagiri
M. Duraivswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
