M.Chokkalingam v. The Deputy Registrar Of Co-Op.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.NO.12970 OF 2015 AND M.P.NO.1 OF 2015 M.Chokkalingam ... Petitioner

Versus

1. The Deputy Registrar of Coop. Societies Tiruvallur Circle, Collectorate Compound, Tiruvallur, Tiruvallur District.

2. The Enquiry Officer / Coop. Sub Registrar G.T. 95, Palavakkam Primary Agricultural Coop. Credit Society Palavakkam Village & Post, Uthukottai Taluk, Tiruvallur District.

... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to furnish the documents as required by the petitioner in his written representation dated 16.04.2015.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.L.P.Shanmugasundaram Special Government Pleader (Coop)

O R D E R

Heard both sides. With the consent of both parties, the writ petition is taken up for final disposal.

2.An enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act had been initiated against the petitioner. The petitioner wanted certain documents to effectively defend in the said proceedings. He gave representation dated 16.04.2015 to the second respondent to furnish copies of the documents mentioned therein. 3.According to the learned counsel for the petitioner, without furnishing those documents, if they are relied upon, the second respondent cannot proceed with the enquiry. The learned counsel for the petitioner has reiterated that the documents that could be relied on by the second respondent among the documents that are required by the petitioner could be furnished. 4.The submission of the learned counsel for the petitioner deserves acceptance.

5.Accordingly, the writ petition is disposed of with a direction to the second respondent to comply with the request made by the petitioner in his representation dated 16.04.2015 and only after complying with the same, the second respondent shall proceed with the enquiry. After complying with the request contained in the representation dated 16.04.2015, the petitioner shall be given clear seven days time to defend the proceedings. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar TK To

1. The Deputy Registrar of Coop. Societies Tiruvallur Circle, Collectorate Compound, Tiruvallur, Tiruvallur District.

2. The Enquiry Officer / Coop. Sub Registrar G.T. 95, Palavakkam Primary Agricultural Coop. Credit Society Palavakkam Village & Post, Uthukottai Taluk, Tiruvallur District.

+1cc to M/s.C.Prakasam, Advocate, S.R.No.24605 W.P.NO.12970 OF 2015 CA(CO) CA(08/05/2015)