Poovai Chezhian v. The Registrar Of Co-Operative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2017 CORAM :

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No.31053 of 2014 and MP. No.1 of 2014 Poovai Chezhian ..Petitioner Vs.

1. The Registrar of Co-operative Societies, Kilpauk, Chennai -10.

2. The Deputy Registrar of Co-operative Societies, Perambalur, Perambalur District.

3. R-1273 Perambalur Agricultural Producers Cooperative Marketing Society rep. By its Board of Directors Perambalur Perambalur District.

4. Tmt. R. Mythili

5. C. Ponnusamy

6. Chinna Rajendran

7. P. Selvaraj

8. B. Thirugnanam

9. T. Sasikala 10.P. Kamaraj

11. G. Sivanammal

12. P. Selvaraj

13. M. Ravichandran ..Respondents PRAYER:

This Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 2nd respondent in his proceedings Na.Ka.No. 2279/2014/Saba(2) dated 21.11.2014 and quash the same and direct the 2nd respondent to complete the enquiry and take decision on the show cause notice

issued by the 2nd respondent in his proceedings Na.Ka.No. 2264/2014/Niva dated 28.10.2014 on the respondents 5 to 12 and pass such further orders.

For Petitioner : Mr. C. Vediappan for M/s. C.S. Associates For Respondents : Mr.V.Selvaraj Addl. Government Pleader R1 & R2 Ms. T.P. Savitha for R3 Mr.N. Ramesh for R4 to R12

O R D E R

The petitioner has filed the present writ petition seeking to quash the order passed by the 2nd respondent in his proceedings Na.Ka.No. 2279/2014/Saba(2) dated 21.11.2014 and direct the 2nd respondent to complete the enquiry and take decision on the show cause notice issued by the 2nd respondent in his proceedings Na.Ka.No. 2264/2014/Niva dated 28.10.2014 on the respondents 5 to 12.

2. According to the petitioner, he is the elected President of the 3rd respondent Society from 11.06.2013. At the instigation of the 13th respondent, the Board of Directors, who are respondents 4 to 12 herein, did not co-operate in the day to day functioning of the society and was trying to impair the society, in order to deactivate the Board. Therefore, the petitioner submitted a representation dated 12.11.2014. However, pursuant to the requisition made by nine of the Directors, the impugned notice dated 21.11.2014 has been issued by the 2nd respondent, to convene a Special Meeting on 28.11.2014. Challenging the meeting the petitioner has filed the present writ petition, raising various grounds.

3. Learned Additional Government Pleader would submit that by virtue of the interim orders granted by this Court, no meeting was held on 28.11.2014. The respondents have also filed the counter affidavit, stating that out of 11 Directors, 9 of them have given a representation to the 2nd respondent on 28.10.2014, seeking No Confidence Motion against the petitioner. The petitioner has submitted his explanation on 12.11.2014 and the same has been received by the 2nd respondent on 13.11.2014. It is further submitted that the writ petition has been filed challenging the notice issued under Section 62 of the Tamil Nadu Cooperative Societies Act, 1983 to conduct a meeting for deciding the 'no confidence motion' against the petitioner. In view of the above, this writ petition has become infructuous,

however permitted to proceed, in accordance with law, afresh.

4. Considering the rival submissions of the parties and on perusal of the material available on record, it is clear that the impugned order passed by the 2nd respondent to convene the meeting on 28.11.2014, has now become infructuous.

5. Therefore, the writ petition is dismissed, with the above liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.

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

1. The Registrar of Co-operative Societies, Kilpauk, Chennai -10.

2. The Deputy Registrar of Co-operative Societies, Perambalur, Perambalur District.

+1cc to Mr.T.P.Savitha, Advocate, S.R.No.48439 +1cc to the Government Pleader, S.R.No.49411 W.P. No.31053 of 2014 and MP. No.1 of 2014 MN(CO) GN(18/09/2017)