Modakurichi Primary v. The Deputy Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2017 CORAM :

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No. 12928 of 2017 and W.M.P Nos. 13792 and 13793 of 2017 Modakurichi Primary Agricultural Cooperative Credit Society Ltd., AA 226, rep. By its President K.S. Shanmugam ..Petitioner Vs.

1. The Deputy Registrar of Cooperative Societies Erode Circle Erode, Erode District.

2. K.S. Kulandaisamy

3. C. Vasudevan .. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Na.Ka. 1541/2017/Sa.Pa dated 09.05.2017 and quash the same and pass further orders.

For Petitioner : Mr. C. Prakasam For Respondents : Mr.L.P. Shanmugasundaram Spl. Govt. Pleader for R1 Mr. N. Manokaran for R2 & R3

O R D E R

The petitioner has filed the present writ petition seeking to quash the impugned order passed by the 1st respondent in his proceedings Na.Ka. 1541/2017/Sa.Pa dated 09.05.2017.

2. The learned counsel for the petitioner would submit that the petitioner society received several representations from the members of the society, to remove the respondents 2 and

3 from membership. Hence, the society issued show cause notice to the 2nd and 3rd respondents and based on the resolution passed in the General Body meeting held on 07.04.2017, the respondents 2 and 3 were removed from the membership. While the said resolution was forwarded to the 1st respondent for approval, without giving any notice to the petitioner society, the 1st respondent issued the impugned order, cancelling the said resolution, under Section 25(i) of the Tamilnadu Co-operative Societies Act, 1983. Aggrieved by the said order, the petitioner society has filed this writ petition seeking to quash the impugned order.

3. Learned Special Government Pleader for the 1st respondent would submit that there is an alternative efficacious remedy available to the petitioner, under Section 152 of the Tamil Nadu Cooperative Societies Act, 1983, so the present writ petition is not maintainable and hence the same is liable to be dismissed.

4. Considered the rival submissions of the learned counsel for the petitioner, the learned Special Government Pleader for the 1st respondent department and learned counsel for the 2nd and 3rd respondents.

5. As rightly pointed by the learned Special Government Pleader, against the order passed under Section 25 (ii) of the Act, an alternative remedy available for the petitioner, is to file an appropriate application, under Section 152 of the Act. Therefore, the writ petition is not maintainable and the same is dismissed. However, liberty is granted to the petitioner to file an appeal under the aforesaid provisions of the Act, if so advised, within a period of two weeks from the date of receipt of a copy of this order.

6. The writ petition is dismissed, on the above terms. Consequently, the connected Miscellaneous petitions are closed. No costs.

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

To The Deputy Registrar of Cooperative Societies Erode Circle Erode, Erode District.

+1 cc to M/s.C.Prakasam Advocate sr 43928 +1 cc to M/s.N.Manokaran Advocate sr 44021 +1 cc to the Government Pleader sr 43803 W.P. No. 12928 of 2017 and W.M.P Nos. 13792 and 13793 of 2017 kk(co) aa17/08/2017