M.P.Paramaguru v. The Registrar Of Co-Operative Societies (Housing)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 09.03.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.7160 of 2023 and WMP No.7235 of 2023 M.P.Paramaguru ... Petitioner Vs The Registrar of Co-operative Societies (Housing), No.48, Ritherton Road, Veppery, Chennai - 600 007.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbear the respondent from proceeding the disqualification notice under Section 36 of Tamil Nadu Cooperative Societies Act in Na.Ka.No.193/2023/sa.pa2 dated 10.01.2023 without furnishing the copies of the documents requested by the petitioner's representations dated 21.01.2023 and 13.02.2023. For Petitioner : Mr.M.S.Palaniswamy For Respondent : Mr.K.V.Sajeev Kumar Special Government Pleader
O R D E R
Mr.Sajeev Kumar, learned Special Government Pleader accepts notice for the respondent and is armed with instructions to proceed with the matter finally
even at this juncture. Hence, by consent of both sides, this Writ Petition is taken up for final disposal even at the stage of admission.
2. The prayer of the petitioner, an elected Director in the Chennai Metropolitan Cooperative Housing Society Limited, is for a mandamus forbearing the respondent from proceeding with disqualification notice dated 10.01.2023 issued in terms of Section 36 of the Tamil Nadu Cooperative Socieities Act, 1961 without furnishing the copies of documents requested under representations dated 21.01.2023 and 13.02.2023.
3. It appears that the President and other office bearers of the same Society had approached this Court with an identical prayer in W.P.Nos.5349 of 2023 and 6640 of 2023 and by orders dated 23.02.2023 and 03.03.2023 respectively, that Writ Petitions have been disposed directing the respondents to supply the documents sought for by those petitioners.
4. Needless to say, the enquiry may proceed only in line with the principles of natural justice which requires that all materials upon which the respondent seek to rely on, must be furnished to the petitioner.
5. On instructions, Mr.Sajeev would assure the Court that the documents sought for will be supplied within one (1) week from today to the President, Vice President and 12 Directors that comprise the elected Board of the Chennai Metropolitan Cooperative Housing Society Limited.
6. The aforesaid submission is recorded. With this, the mandamus sought for stands achieved and this Writ Petition is closed as is the Miscellaneous Petition. No costs.
09.03.2023 Index : Yes / No Speaking Order sl To The Registrar of Co-operative Societies (Housing), No.48, Ritherton Road, Veppery, Chennai - 600 007.
Dr.ANITA SUMANTH,J.
Sl W.P.No.7160 of 2023 and WMP No.7235 of 2023 09.03.2023