The Miscellaneous Petition sought to set aside the dismissal of W.P.(MD) No.24599 of 2024 and restore it for adjudication.
The writ petition in W.P.(MD) No.24599 of 2024 is ordered to be restored to its file for adjudication on merits.
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.
WMP(MD)No.22929 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
(Special Original Jurisdiction)
Wednesday, the Eighteenth day of December Two Thousand and Twenty Four
PRESENT:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
WMP(MD)No.22929 of 2024 in
WP(MD)24599 of 2024
G.Subburathinam
... Petitioner/Petitioner.
Vs
1.The Deputy Registrar of Cooperative Societies, Palani Circle, 11/223, Raja Nagar, Lakshmipuram, Palani, Dindigul District.
2.The President D.D.646, Kulathur Primary Agricultural Cooperative Credit Society Limited, Kulathur, Dindigul District. ... Respondents/Respondents.
Prayer in WMP(MD)No.22929 of 2024:-
Writ Miscellaneous Petition filed under Article 226 of the Constitution of
India, to set aside the order of dismissal dated 22.10.2024 in W.P.(MD) No.24599 of
2024 and restore the writ petition for further adjudication, and thus render justice.
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WMP(MD)No.22929 of 2024
Prayer in WP(MD)No.24599 of 2024:-
Writ Petition filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the 1st respondent to receive the surcharge amount of Rs.5,66,802/- from the petitioner by waiving the interest portion of 18 percent or by modifying the interest portion in Tha.Va.No. 16/2019 Sa. Pa, dated 10.02.2020 and consequently direct the 1st respondent to raise the attachment and drop further proceedings of sale pertaining to property in S.F.No. 298 with an extent of 1869 3/4 sq. ft in Plot No. 12 situated at Seelapadi Revenue Village, Dindigul Joint Sub-Registration, Dindigul District in E.P.No. 5/2020-21 on the file of the 1st respondent.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and the earlier order of this dated 22/10/2024, upon hearing the arguments of Mr.Rahman for Mr.E.Satheesh, Advocate for the Petitioner and of Mr.S.P.Maharajan, Special Government Pleader, on behalf of the first respondent, this Court made the following order:
“This miscellaneous petition has been filed seeking to set aside the order of dismissal dated 22.10.2024 in W.P.(MD) No.24599 of 2024 and to restore the writ petition for further adjudication.
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WMP(MD)No.22929 of 2024
Sd/-
Assistant Registrar( C.S-I ) // True Copy //
/01/2025 Sub Assistant Registrar (CS- I/ II / III / IV)
TO
+1cc to the Special Government Pleader, vide SR No.75937.
Copy to: The Section Officer,Writ Posting Section, Madurai Bench of Madras High Court, Madurai.
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WMP(MD)No.22929 of 2024
ORDER DATED: 18/12/2024 ========================== ORDER ==========================
WMP(MD)No.22929 of 2024 in WP(MD)24599 of 2024 Giving direction and etc. as stated within.
KVL(28/01/2025) 4P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether to set aside the order of dismissal in the underlying writ petition and restore it for further adjudication on merits.
G.Subburathinam
Deputy Registrar of Cooperative Societies, Palani Circle
President D.D.646, Kulathur Primary Agricultural Cooperative Credit Society Limited
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
