S.Gopal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.500 of 2017

1. S.Gopal

2. M.Arumugam ..

Petitioners -vs1. The District Collector Collectorate, Sathuvachari Vellore

2. The Joint Registrar of Cooperative Societies O/o Joint Registrar of Cooperative Societies Collectorate, Sathuvachari Vellore

3. The Jt.Registrar of Cooperative Societies (F & B) No.170 E.V.R.Periyar Salai Kilpauk, Chennai 600 010

4. The Secretary C 2454 Vellakuttai Primary Agricultural Cooperative & Credit Society Vellakuttai Village & Post Vaniambadi Taluk, Vellore District ..Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 to 3 to consider and pass orders on the representation dated 24.10.2016 seeking initiation of appropriate action in relation to mismanagement and maladministration of the fourth respondent society on merits and within a time to be stipulated by this Hon'ble Court. For Petitioners :: Mr.L.Chandrakumar For Respondents :: R.L.P.Shanmughasundaram Special Government Pleader (Co-op.)

ORDER

This writ petition has been filed by Mr.S.Gopal and Mr.M.Arumugam for issuance of a writ of mandamus, directing the respondents 1 to 3 to consider and pass orders on the representation dated 24.10.2016 seeking initiation of appropriate action relating to the mismanagement and maladministration of the fourth respondent society on merits.

2. Learned counsel for the petitioners submitted that the petitioners are the residents of Vellakuttai village and they are also the members of the C-2454 Vellakuttai Primary Agricultural Cooperative Credit Society Limited. When the society caters to the needs of its members with regard to the sanction of loans and various other beneficial agricultural activities, it has come to a total standstill, because of the mismanagement and maladministration perpetuated by the President, Secretary and other office bearers of the Board. Since the administration of the society started deteriorating every day, the petitioners made a representation on 24.10.2016, on receiving certain materials with regard to the illegalities that are being verified. But till date, the representation has not been considered.

When the petitioners had obtained certain informations under the Right to Information Act on 31.8.2016, 21.10.2016 and 24.10.2016, the representation given to take action on the basis of the said informations cannot be declined. It is also stated that the third respondent-Joint Registrar of Cooperative Societies (F&B), Chennai in proceedings bearing Na.Ka.No.5226/ 2016/Tho.Ve.Tha 2(8) dated 7.9.2016 addressed to the second respondent sought for certain clarificatory orders as to the illegalities and irregularities which came to the notice of the respondents 1 to 3. But till date, no fruitful development had taken place. Therefore a direction has to be given to consider the representation made by the petitioners, he pleaded.

3. But this Court is not able to find any merits in the writ petition. The reason is that the petitioners, although repeatedly mentioned in the affidavit filed in support of the writ petition that several irregularities and mismanagement had taken place in the affairs of the fourth respondent cooperative society, no where have mentioned what is the irregularity or illegality committed by the President, Secretary and other office bearers. When the petitioners have miserably failed to make out a case for a direction to the respondents 1 to 3 to conduct an enquiry with regard to the alleged irregularities in the fourth respondent cooperative society, this Court has to

presume that the present writ petition is only an attempt to wreak vengeance against the elected board of members. Therefore, the writ petition is dismissed, as it is totally devoid of any merits. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar ss To

1. The District Collector Collectorate, Sathuvachari Vellore

2. The Joint Registrar of Cooperative Societies O/o Joint Registrar of Cooperative Societies Collectorate, Sathuvachari Vellore

3. The Jt.Registrar of Cooperative Societies (F & B) No.170 E.V.R.Periyar Salai Kilpauk, Chennai 600 010

4. The Secretary C 2454 Vellakuttai Primary Agricultural Cooperative & Credit Society Vellakuttai Village & Post Vaniambadi Taluk, Vellore District.

+1cc to Mr.L.P.Shanmugasundaram, Advocate SR.No.2162 +1cc to Mr.L.Chandrakumar, Advocate SR.2182 +1cc to Government Pleader SR.No.2642.

W.P.No.500 of 2017 NM(CO) GN(30/01/2017)