Sathiyanarayanan v. The Registrar Of Co-Operative Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.03.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sathiyanarayanan, M/46, S/o Rajendaran, No.11/1, 5th street, Ulaganathapuram, Ennore, Chennai District -600 057.
... Petitioner /versus/
1. The Registrar of Cooperative Societies, O/o.Registrar of Cooperative Societies, Kizhpakkam, Chennai 600 010.
2. The Joint Registrar of Cooperative Societies, Joint Registrar of Cooperative Societies Office, Thiruvallur District.
3. The Deputy Registrar of Ponneri Circle Cooperative Societies, Deputy Registrar of Ponneri Circle Cooperative Societies Office, Ponneri, Thiruvallur District 601 204.
4. The Registrar/Special Officer Cooperative Societies, Ponneri, Thiruvaiiur District 601 204.
5. The Managing Director, Ashok Leyland Limited, Door No.l, Sardar Patel Road, Guindy, Chennai 600 032.
6. M. Anandhan, Secretary Ashok Leyland Foundry Division, Employees'co-operative Thrift & Credit Society Ltd, G.S.149, Kathivakkam High Road, Ennore, Chennai 600 057.
... Respondents PRAYER: Writ Petition has been filed under Article 226 of Constitution of India, Writ of Mandamus, to direct the 1st respondent to take action on the petitioner's representation dated 25.10.2024 within time frame. For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.K.Tamilvendan, Government Advocate, for R1 to R3, R4 & R6
O R D E R
The writ petition is filed to take action on the petitioner's representation dated 25.10.2024. On a perusal of the representation, dated 25.10.2024 and the affidavit filed in support of the writ petition, it can be seen that the petitioner being the Member of the Co-operative Society is raising a dispute as
against the other Board Members with reference to certain resolutions that are passed and certain actions that are taken. The same squarely falls within Section 90 of the Tamil Nadu Cooperative Societies Act, 1983 and if there is any dispute touching the Constitution of the Board or Management or Business of Registered Society, other than the disciplinary action taken by the competent Authority among the members, past members and persons claiming through the members and the deceased members and between the Board, the same shall be taken up by the first respondent/Registrar and orders can be passed.
2. Accordingly, the representation of the petitioner shall be deemed to be a dispute that is raised under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983.
3. The Learned Counsel appearing on the Society would submit that everything is done in accordance with law. Be that as it may, when the dispute is raised the Registrar of Co-operative Societies shall issue notice to all concerned involved in the dispute and after hearing all the parties and conducting an enquiry in the manner specified under Section 90 of the Tamil Nadu Co-operative
Societies Act, 1983, pass final orders thereon.
4. The said exercise shall be completed by the Registrar of Cooperative Societies within a period of 16 weeks from the date of receipt of the copy of the order. If the petitioner is required to file further petition in any specified format, the same shall also be intimated to the petitioner.
5. With the above direction, the Writ Petition stands disposed of. The party shall act on the web copy of the order without waiting for certified copy of this order. There shall be no order as to costs. 07.03.2025 : No.
bsm To,
1. The Registrar of Cooperative Societies, O/o Registrar of Cooperative Societies, Kizhpakkam, Chennai 600 010.
2. The Joint Registrar of Cooperative Societies, Joint Registrar of Cooperative Societies office, Thiruvallur District.
3. The Deputy Registrar of Ponneri Circle Cooperative Societies, Deputy Registrar of Ponneri Circle Cooperative Societies Office, Ponneri, Thiruvallur District 601 204.
4. The Registrar/Special Officer Cooperative Societies, Ponneri, Thiruvaiiur District 601 204.
5. The Government Pleader, High Court, Madras.
D.BHARATHA CHAKRAVARTHY , J.
bsm 07.03.2025