E-2044 Vikravandi Primary v. The Joint Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.3400 of 2017 E-2044 Vikravandi Primary Agricultural Co-operative Credit Society rep.by its President Vikravandi Post Vikravandi Taluk, Villupuram District ..

Petitioner -vs1. Joint Registrar of Co-operative Societies Villupuram Zone Villupuram District

2. Co-operative Sub Registrar/Under Section 82 Inspection Officer/Enquiry Officer E-2044, Vikravandi Primary Agricultural Co-operative Credit Society Ltd., Vikravandi Post, Vikravandi Taluk Villupuram District

3. Deputy Registrar of Co-operative Societies Villupuram Villupuram District ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Declaration, declaring that the second respondent cannot proceed with the enquiry under Section 82 of the Tamil Nadu Co-operative Societies Act, 1983 without furnishing the petitioner Society the documents as sought for in the letter dated 14.12.2016 and also only after the conclusion of the proceedings initiated under Section 153 of the Tamil Nadu Co-operative Societies Act by one R.Mohandas, Sales Man of the petitioner Society pending before the Joint Registrar of Co-operative Societies, Villupuram. For Petitioner :: Mr.Balan Haridas For Respondents :: Mr.V.Selvaraj Addl. Government Pleader (Co-op.)

ORDER

This writ petition has been filed by the President of E-2044 Vikravandi Primary Agricultural Co-operative Credit Society seeking a declaration, to declare that the second respondent cannot proceed with the enquiry under Section 82 of the Tamil Nadu Co-operative Societies Act, 1983 without furnishing the documents as sought for by the petitioner in the letter dated 14.12.2016 and also only after the conclusion of the proceedings initiated under Section 153 of the Tamil Nadu Co-operative Societies Act by one R.Mohandas, Sales Man of the petitioner Society pending before the Joint Registrar of Co-operative Societies, Villupuram.

2. Mr.Balan Haridas, learned counsel for the petitioner, placing on record a letter dated 13.2.2017 addressed to the Special Government Pleader (Co-op.), High Court by the second respondent/Sub Registrar stating that the report has already been submitted on 19.1.2017 after completion of the enquiry under Section 82, prayed this Court to direct the respondents to furnish a copy of the report dated 19.1.2017 filed by the second respondent.

3. The learned Additional Government Pleader for the respondents also has no objection for furnishing a copy of the report dated 19.1.2017 submitted by the second respondent to the petitioner.

4. In the light of the above, the writ petition stands dismissed with an observation that the respondents 1 & 3 shall furnish a copy of the report of the enquiry under Section 82 dated 19.1.2017 to the petitioner within a week from the date of receipt of a copy of this order. It is open to the petitioner to work out his remedy by challenging the consequential order, if aggrieved. Consequently, W.M.P.No.3382 of 2017 is also dismissed. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar ss

To

1. The Joint Registrar of Co-operative Societies Villupuram Zone Villupuram District

2. Co-operative Sub Registrar/under Section 82 Inspection Officer/Enquiry Officer E-2044, Vikravandi Primary Agricultural Co-operative Credit Society Ltd., Vikravandi Post, Vikravandi Taluk Villupuram District

3. The Deputy Registrar of Co-operative Societies Villupuram Villupuram District +1 cc to Mr.Balan Haridass Advocate sr 9637 +1 cc to the Government Pleader High Court Madras sr 10237 W.P.No.3400 of 2017 eu(co) aa27/02/2017