Madras High CourtWP/10091/2015disposed of

V.S.Kalichamy, v. Deputy Registrar Of

2015-04-08Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 8-4-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.10091 of 2015 and M.P.No.1 of 2015 1.V.S.Kalichamy 2.K.Chinnasamy 3.P.D.Mohanraj 4.P.Sundaram

...Petitioners

1. Deputy Registrar of Cooperative Societies 11 A, Market Road Pollachi (Po)

2. Deputy Registrar of Cooperative Societies Collectorate, Coimbatore 641 018.

3. Joint Registrar of Cooperative Societies Coimbatore 641 038

4. Registrar of Cooperative Societies Kilpauk, Chennai 600 010 5.M.Subbaiyan 6.R.Selvarajan 7.M.Chandrakala 8.V.Dhanalakshmi 9.V.Rajeswari 10.M.Jaganathan 11.E.Anusurya 12.U.R.Krishnan 13.N.Sivakumar 14.R.Damodharan 15.Joint Registrar/Administrator K.1550, Tudiyalur Cooperative Agricultural Services Society Tudiyalur, Coimbatore

16. Ramamurthy Senior Inspector/Electoral Officer Thudiyalur Cooperative Agricultural Services Society now Senior Inspector, Office of the Deputy Registrar of Cooperative Societies Coimbatore

17. P .Gururaj Election Officer K.1550, Thudiyalur Cooperative Agricultural Services Society now Deputy Registrar/Administrator Erode Agricultural Producers Cooperative Marketing Society Ltd., Erode

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to dispose of the Arbitration Claim bearing ARC No.215/2014-15 Sa.Pa. before a specified date, in accordance with law and after providing sufficient opportunity to the petitioners to prove their case.

For Petitioners :

Mr.P.Anbarasan For Respondents :

Mr.E.M.S.Natarajan Government Advocate for RR1 to 4 and RR15 to 17

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioners claim that they are all members of Thudiyalur Cooperative Agricultural Services Society Ltd., Thudiyalur, Coimbatore District and the elected body has been superseded and now it is managed by the elected Board of Directors and the Joint Registrar of Cooperative Societies is working as it's Managing Director. The petitioners allege irregularities in the conduct of election and in this regard, a detailed representation was also sent on 21.9.2012, itself, to the Registrar of Cooperative Societies; but, a reply was given on 14.12.2012, by the Joint Registrar of Cooperative Societies stating that everything was in order and aggrieved by the same, the petitioners preferred a statutory arbitration claim challenging the election held to the Board of Directors, on 25.7.2013, to the first respondent, which has

been registered as ARC No.215/2014-15/Sa.Pa.

3.The grievance expressed by the petitioners, is that the term of Office Bearers is for three years and on account of nondisposal of the arbitration claim challenging the legality of the election, the arbitration claim itself would become infructuous and therefore, they came forward to file this writ petition. 4.Heard the submissions of Mr.P.Anbarasan, learned Counsel appearing for the petitioners, and also Mr.E.M.S.Natarajan, learned Government Advocate, who accepted notice for the respondents 1 to 4 and 15 to 17.

5.This Court, taking into consideration the limited scope of prayer sought for by the petitioners, and without entering upon the merits of their claim, directs the first respondent to dispose of the arbitration claim bearing ARC No.215/2014-15/Sa.Pa., in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after putting the concerned persons on notice. The writ petition is disposed of accordingly. No costs.

Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar nsv To

1. The Deputy Registrar of Cooperative Societies 11 A, Market Road, Pollachi (Po)

2. The Deputy Registrar of Cooperative Societies Collectorate, Coimbatore 641 018.

3. The Joint Registrar of Cooperative Societies Coimbatore 641 038

4. The Registrar of Cooperative Societies Kilpauk, Chennai 600 010 1 CC to Mr.P.Anbarasan, Advocate SR.No. 19282 1 CC to the Government Pleader, SR.No. 19679 W.P.No.10091 of 2015 RSK (CO) PSI (17.04.2015)