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2018 Supreme(Mad) 1382

M.VENUGOPAL, S.VAIDYANATHAN
S. 768 K. N. Pudur Primary Agricultural Co-operative Credit Society Ltd. – Appellant
Versus
G. Balakrishnan – Respondent


Advocates Appeared:
For the Appellant : Mr. M.S. Palaniswami.
For the Respondents:Mr. A.N. Thambidurai, Spl. G.P., Mr. L.P. Shanmugasundaram, Spl. G.P. assisted by Ms. T. Girija, Govt. Advocate.

JUDGMENT :

M. Venugopal, S. Vaidyanathan, JJ.

The Writ Appeal S.R. has been listed "for maintainability", as the Registry has raised query that the appellant is not a party in W.P.No.17367 of 2017 and there is a delay of 60 days in filing the appeal.

2. Challenging the order of the learned single Judge in W.P.No.17367 of 2017, dated 10.10.2017, directing the Police to register the FIR if any cognizable offence is made out, the Society has come forward with the present Writ Appeal and sought leave of the Court and as the issue with regard to the maintainability was raised, the matter is posted before us.

3. Detailed arguments were advanced by the learned counsel for the appellant-Society stating that the Society has not been made as a party-respondent in the Writ Petition and that as there is an adverse order against the Society while allowing such Writ Petition, the Writ Appeal is maintainable and that the Registry ought to have numbered the Writ Appeal. According to the learned counsel, the appellant-Society has got a fundamental right to question the impugned order of the learned single Judge, more particularly when the rights of the Society had been affected.

4. As the Registry raise











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