Pensioner petitioner sought enforcement of service continuation and penal action against respondents. Court held relief infructuous due to changed circumstances and dismissed the writ petition.
The writ petition was dismissed as infructuous. Connected miscellaneous petition was closed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Writ Petition No.26959 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2023
CORAM
THE HONOURABLE DR.JUSTICE D.NAGARJUN
Writ Petition No.26959 of 2015 & MP.No.1 of 2015
S.Dharmaraj ..Petitioner
vs. 1.The Registrar of Co-operative Societies, 170, Periyar EVR Salai, Kilpakkam, Chennai-600 010
2.The Joint Registrar of Co-operative Societies, Kancheepuram Region, Kancheepuram.
3.The Kanchepuram District Consumers Co-operative Wholesale Stores Ltd., rep. by its President, 185, Prakasam Salai, Chennai – 600 108.
4.The Managing Director, The Kancheepuram District Consumers Co-operative Wholesale Stores Ltd., 185, Prakasam Salai, Chennai-600 108. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the first respondent to enforce the provisions contained in Rule 149(3) and the Circular issued
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by him in RC No.26901/96/CC2 dated 16.04.1996 and the order dated 14.07.2015 passed by the second respondent in Na.Ka.No.7925/2014/SAPA under Section 153 of the Co-operative Societies Act and direct the 3 rd respondent society and its officials including the 4 th respondent to continue the petitioner's services till he complete the age of 60 years as applicable to Packer/Assistant Salesman and as per the Rule as applicable to the Government servant for similar post and cadre, in accordance with the powers vested on him, under Section 181 r/w. Section 155 of the Tamilnadu Co-operative Societies Act, 1983 and Rule 172 of the Tamilnadu Co-operative Societies Rules 1988 and also to initiate appropriate penal action against the respondents 3 & 4 for having violated Rule 149(3), the Circular dated 16.04.1996 of the first respondent and the order dated 14.07.2015 passed by the second respondent.
For Petitioner : Ms.Pozhil Ilaveni for M/s.V.Ajoy
Khose & M.Muthupandian
For Respondents : Mr.C.Sangamithirai, Sp.GP for RR1 & 2 M.Balaramesh, for R3 & 4
O R D E R
Today when the matter is taken up for hearing, the learned counsel
for the petitioner submits that the relief sought for by the petitioner in this Writ Petition has become infructuous and hence, the same may be dismissed as infructuous.
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the petitioner, this Writ Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. There shall be no order as to
costs.
24.11.2023
Index : Yes/No Speaking order:Yes/No dn To 1.The Registrar of Co-operative Societies, 170, Periyar EVR Salai, Kilpakkam, Chennai-600 010 2.The Joint Registrar of Co-operative Societies, Kancheepuram Region, Kancheepuram. 3.The Kanchepuram District Consumers Co-operative Wholesale Stores Ltd., rep. by its President, 185, Prakasam Salai, Chennai – 600 108. 4.The Managing Director, The Kancheepuram District Consumers Co-operative Wholesale Stores Ltd., 185, Prakasam Salai, Chennai-600 108.
Dr.D. NAGARJUN, J
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dn
Writ Petition No.26959 of 2015
24.11.2023
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7 provisions across 6 enactments
S.Dharmaraj
The Registrar of Co-operative Societies
The Joint Registrar of Co-operative Societies
The Kanchepuram District Consumers Co-operative Wholesale Stores Ltd., rep. by its President
The Managing Director, The Kancheepuram District Consumers Co-operative Wholesale Stores Ltd.
D. Nagarjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
D. Nagarjun
Parties & counsel
