A.Rajendran, v. The Registrar Of Cooperative
In the High Court of Judicature at Madras Dated : 06.1.2016 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.140 of 2016 A.Rajendran, President, Kothamangalam Fisheries Cooperative Society, Kothamangalam, Paramathivelur Taluk, Namakkal District.
...Petitioner
Vs 1.The Registrar of Cooperative Societies/ Director of Fisheries, DMS Compound, Teynampet, Chennai-18.
2.The Deputy Director of Fisheries, No.5/596, Ovvaiyar Street, Opp. : Collectorate, Dharmapuri.
3.The Assistant Director of Fisheries, Mettur Dam, Salem District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider and pass orders on merits by disposing the written representation made by the petitioner on 10.12.2015 within a time stipulated time as this Court fixes. For Petitioner : Mr.C.Prakasam For Respondents : Mr.D.Venkatachalam, GA
ORDER
Mr.D.Venkatachalam, learned Government Advocate takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.
2. The petitioner, who is an elected president of a cooperative society, has filed this writ petition seeking a direction to the respondents to consider his representation dated 10.12.2015. In the said representation, the petitioner has sought to set aside the alleged communication of the Vice President of the society dated 7.12.2015, in and by which, the petitioner was removed from the post of President without following due procedure.
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3. It is not known as to how the Vice President of a society could pass such an order. An elected President of a society cannot be removed from the elected office without following due procedure contemplated under the Tamil Nadu Cooperative Societies Act, 1988 and the Rules framed thereunder. This aspect of the matter has to be considered by the respondents and appropriate action should be taken on the petitioner's representation dated 10.12.2015.
4. In view of the above, the writ petition is disposed of with a direction to the third respondent to consider the petitioner's representation dated 10.12.2015 on merits and after issuing notice to all concerned, pass a speaking order in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Registrar of Cooperative Societies/Director of Fisheries, Chennai-18.
2.The Deputy Director of Fisheries, Opp. : Collectorate, Dharmapuri.
3.The Assistant Director of Fisheries, Mettur Dam, Salem District.
+1 cc to Mr.C.Prakasam Advocate sr.758 +1 cc to Mr.D.Venkatachalam Advocate sr.972 WP.No.140 of 2016 msm(co) aa21/01/2016 https://hcservices.ecourts.gov.in/hcservices/