The High Court disposed of a writ petition challenging Co-op. Society notice forms as stay proceedings pending a parallel appeal before the Co-operative Tribunal, directing disposal within six months.
Directions issued to the Co-operative Tribunal to dispose of the pending appeal (C.M.A.(C.S.) No.8889 of 2022) within six months of receipt of the order.
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.
W.P.No.29212 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.29212 of 2023 and W.M.P.No.28809 of 2023
K. Ravi ... Petitioner
Vs.
3.H.H.550, Mosavadi Primary Agricultural Co-op. Credit Society, Rep. by its Administrator, Mosavadi – 604 503, Vandavasi Taluk, Tiruvannamalai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to impugned notices of Form-8 in Ni.Ma.No.11/2021-22/Sa.Pa dated 30.08.2023 and Form-9 in Ni.Ma.No.11/2021-22/Sa.Pa. dated 30.08.2023
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W.P.No.29212 of 2023
issued by the 1st respondent herein and quash the same as being illegal, arbitrary, unconstitutional.
For Petitioner : Mr.T. Sundaravadanam For Respondents : Mrs.V. Yamuna Devi, Special Government Pleader [R1]
Mr.M. Murali, Government Advocate [R2 & R3]
ORDER
Heard the learned counsel for the petitioner, learned Special
Government Pleader for the first respondent, as well as the learned Government Advocate appearing for the respondents 2 and 3.
2. The order impugned in the present Writ Petition has also been challenged by the petitioner before the Co-operative Tribunal in C.M.A.(C.S.) No.8889 of 2022 and the same is pending.
3. While that being so, it would not be appropriate for this Court to
parallelly adjudicate the proceedings when a statutory appeal has already
been preferred and pending. On the other hand, if the Tribunal is directed
W.P.No.29212 of 2023
be secured.
to dispose of the appeal within a stipulated time, the ends of justice will be secured.
4. Accordingly, there shall be a direction to the District and Sessions Judge cum Co-operative Tribunal Court, Tiruvannamalai, to dispose of the appeal preferred by the petitioner in C.M.A.(C.S.) No.8889 of 2022, preferably within a period of six (6) months from the date of receipt of a copy of this order.
5. With the above direction, the Writ Petition stands disposed of. No costs. Connected miscellaneous petition is closed.
21.11.2023
Index:Yes/No Speaking order/Non-speaking order Internet: Yes/No Neutral Citation: Yes/No
Sni
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W.P.No.29212 of 2023
M.S.RAMESH,J.
Sni
To
W.P.No.29212 of 2023
21.11.2023
K. Ravi
Deputy Registrar of Co-op. Societies, Cheyyar Circle, Tiruvannamalai District
Co-op. Sub Registrar/Field Officer (Peranamallur)/Sale Officer
Administrator, H.H.550, Mosavadi Primary Agricultural Co-op. Credit Society
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
