K.Mathialagan v. The District Collector Of Coimbatore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.11173 of 2019 1.K.Mathialagan 2.V.Suresh 3.P.Samraj 4.C.Shanmugasundaram 5.R.Devaraj 6.R.Kalaichelvi 7.R.Vijayavani ... Petitioners Vs.

1. The District Collector of Coimbatore, Collectorate, Coimbatore District.

2. The Deputy Registrar (Dairy Development), R.S.Puram, Coimbatore.

3. G.Krishnaswan

4. R.Saravanakumar ... Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus, directing the first and second respondents to consider petitioners representation dated 31.10.2018 by conducting enquiry and take appropriate action against the third and fourth respondents.

For Petitioners : Mr.Mouli For Respondents : Ms.T.Girija Government Advocate

ORDER

Ms.T.Girija, learned Government Advocate takes notice for the respondents 1 and 2. By consent, this Writ Petition is taken up for final disposal.

2. The prayer in the Writ Petition is for issuance of Writ of Mandamus, directing the first and second respondents to consider the representation of the petitioners dated 31.10.2018 and conducting enquiry and take appropriate action against the third and fourth respondents.

3. The petitioners are members of E.D.604 Kalampalayam Milk Producers Co-operative Society, while the third and fourth respondents are President and Secretary of the abovesaid Society. The case of the petitioners is that the third and fourth respondents conducting day to day affairs of the Society according to their whims and fancies and the further case of the petitioners is that the fourth respondent along with his relative even started to consume alcohol in the Co-operative Society and when the petitioners objected for the said incident, they threathend. Though the action of the fourth respondent was intimated to the third respondent, the third respondent did not choose to take action against the fourth respondent.

Hence, the petitioners made a representation to the Authorities to take action against the fourth respondent, pointing out the irregularities committed by the fourth respondent-Secretary and also not maintaining the records. Thereafter, on 26.06.2018, a General Body Meeting was convened and one of the resoloutions was passed viz., suspending the fourth respondent for his illegal activities. However, till date no action was taken. Therefore, the petitioners are before this Court.

4. The learned Government Advocate appearing for the respondents would submit that the said representation of the petitioners dated 31.10.2018 will be considered on merits and in accordance with law within a time frame as fixed by this Court.

5. In the light of the submissions and also considering the limited scope of prayer sought for in this writ petition, this Court, without going into the merits of the case, directs the second respondent to consider the representation of the petitioners dated 31.10.2018, and pass orders on merits and in accordance with law, as expeditiously as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition is disposed of. There is no order as to costs.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar rns To

1. The District Collector of Coimbatore, Collectorate, Coimbatore District.

2. The Deputy Registrar (Dairy Development), R.S.Puram, Coimbatore.

+1cc to Mr.Mouli, Advocate, S.R.No.36758 +1cc to the Government Pleader, S.R.No.37657 W.P.No.11173 of 2019 SSD(CO) CS/13/06/2019