S.Balakrishnan, Chairman, v. The Deputy Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2017 CORAM :

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No.7414 of 2017 and WMP. No.8069 of 2017 S.Balakrishnan, Chairman, 8620, Kamarasamypatty Milk Procedure Co-operative Society Ltd.

Salem ..Petitioner Vs.

1 The Deputy Registrar Milk Production, Old Nattamai Building Salem-636 001.

2 The Komarasamypatty Milk Producers Co-operative Society Ltd., Rep. By its Secretary, Salem-636 007.

..Respondents PRAYER:

This Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Certiorari, calling for the records of the 2nd respondent herein culminating in the alleged resolution dated 28.11.2016 passed by the 2nd respondent and quash the same society allegedly removing the petitioner from the post of the President of the 2nd respondent Society from retrospectively 22.10.2016.

For Petitioner : Mr. M.R.Sivakumar For Respondents : Mr.V.Selvaraj Addl. Government Pleader R1 Mr.L.P.Shanmugasundaram Spl. Govt. Pleader for R2

O R D E R

The petitioner has filed the present writ petition seeking to quash the resolution dated 28.11.2016 passed by the 2nd respondent Society, allegedly removing the petitioner from the post of the President, retrospectively from 22.10.2016.

2. The learned counsel for the petitioner submitted that the petitioner was the President of the 2nd respondent Society. Based on the decision taken in the meeting held on 28.10.2016, by the Board of Directors, the petitioner was removed from all the charge of the Society and to that effect, the communication dated 28.11.2016 was sent to the 1st respondent. Hence, the petitioner has sent a representation dated 07.12.2016 to the 1st respondent about the illegal board meeting and his removal from the post of President. According to the petitioner, the said resolution was served on him on 09.12.2016, subsequent to his representation. Challenging the impugned Resolution dated 28.11.2016 the petitioner has filed this writ petition.

3. The learned Additional Government Pleader strenuously objected this writ petition as not maintainable, in the light of the decision rendered by the large Bench judgment of this Hon'ble Court in the case of K.Marappan v. Deputy Registrar of Cooperative Societies, (2006) 4 MLJ 641; He further submitted that in paragraph 5 of Counter affidavit filed by the 2nd respondent, it is stated that the impugned Resolution dated 28.11.2016 has been withdrawn. Hence, the writ petition is liable to be dismissed.

4. In view of the above said statement and the submissions made in the counter affidavit, the writ petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar avr

To

1. The Deputy Registrar Milk Production, Old Nattamai Building Salem-636 001.

2. The Secretary, The Komarasamypatty Milk Producers Co-operative Society Ltd., Salem-636 007.

+1 cc to Mr.M.R.Sivakumar Advocate sr 47802 +1 cc to Mr.L.P.Shanmugasundaram Advocate sr 47940 +1 cc to the Government pleader sr 48448 W.P. No.7414 of 2017 and WMP. No.8069 of 2017 ssi(co) aa04/09/2017