Pe 63 Erode Circle Noonmeal v. The Joint Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.3.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH, ACJ AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.No.317 of 2017 1 PE 63 Erode Circle Noonmeal Scheme & Child Development Project Employees Co-operative T&C Society Ltd Rep by its Secretary D.Saberinathan 16/2 S.K.Sami Building Vairam (ST) Erode-4 2 EG 52 Anthiyur Nutritious Meal Scheme Scheme Employees Cooperative Thrift & Credit Society Ltd Rep by Secretary L.Thangavel Anthiyur Anna Salai Thavitupalayam Anthiyur 3 EG 53 Gobi & Sathy Taluk Rural Development Local Bodies Dept. Employees & Nutritious Meal Scheme Employees Cooperative Thrift & Credit Society Ltd Rep by Secretary K.Selvarajan Gobichettipalayam Appellants/Petitioners

Versus

1 The Joint Registrar of Cooperative Societies O/o. Joint Registrar of Cooperative Society Complex Mohankumaramangalam Salai Soorampatti Erode- 638 009 2 The Deputy Registrar of Cooperative Society O/o. Dy Registrar of Cooperative Society Complex Mohankumaramangalam Salai Soorampatti Erode - 638 009 3 The Secretary EE 55 Erode District Anganwadi Employees and Assistants Cooperative Thrift and Credit Society Erode Erode District Respondents

Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 8.12.2016 passed in W.P.No.42869 of 2016 on the file of this court.

WP.No.42869/16:This Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus Directing the respondents 1 & 2 to consider the claim of the petitioner as per Section 9 (1) (d) of the Tamilnadu Cooperative Societies Act 1983 in regard to area of operation of the 3rd respondent society on the basis of the representation dated 18.10.2016 on merits and within a time to be stipulated by this Honourable Court For appellants : Mr.K.Subramonian For RR1 and 2 : Mrs.T.Girija, Government Advocate For R3 : Mr.C.Munusamy

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, ACJ.) Heard the learned counsel appearing for the appellants as well as Mrs.T.Girija, learned Government Advocate counsel appearing for respondents 1 and 2 and Mr.C.Munusamy, learned counsel appearing for the third respondent.

2. It appears that the appellants are aggrieved over the area of operation provided to the third respondent-Society. The order of the learned Single Judge in clear that the area of operation conferred upon the third respondent-Society is not overlapping with any one of the petitioner-societies and the appellants are unable to explain it otherwise. The said order has been assailed before this court.

3. However, it appears that a Further representation is said to have been made by the petitioners/appellants. Learned Government Pleader appearing for respondents 1 and 2 undertakes that the representation of the petitioners/appellants shall be considered in accordance with law.

4. In view of the submission made by the learned Government Advocate, the writ appeal is disposed of with a direction to respondents to consider the representation of the appellants within a period of two months and pass necessary orders, in accordance with law. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar ssk.

To:

1 The Joint Registrar of Cooperative Societies O/o. Joint Registrar of Cooperative Society Complex Mohankumaramangalam Salai Soorampatti Erode- 638 009 2 The Deputy Registrar of Cooperative Society O/o. Dy Registrar of Cooperative Society Complex Mohankumaramangalam Salai Soorampatti Erode - 638 009 +1 cc to Mr.K.Subramanian Advocate sr 18421 +1 cc to M/s.C.Munusamy Advocate sr 18094 W.A.No.317 of 2017 kj(co) aa17/04/2017