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Madras High CourtWP/14177/2017disposed of

R.Anandan, S/O.M.Raman, v. The Govt. Of Tamil Nadu,

2017-06-08Honourable Mr Justice D. Krishnakumar3 pages

HIGH COURT OF JUDICATURE AT MADRAS DATED :08.06.2017

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.14177 of 2017 R.Anandan ..petitioner Vs.

1. The Govt. of Tamil Nadu, Rep.by its Secretary to Govt, Department of Co-operation, Food and Consumer Protection, Fort St.George, Secretariat, Chennai 600 009

2. The Registrar of Co-operative Societies, No.179, EVR Periyar Salai, Kilpauk, Chennai 600 010

3. The Joint Registrar of Co-operative Societies, District Collector's Office Campus, Vengikkal, Tiruvannamalai 606 604

4. The Deputy Registrar of Co-operative Societies, District Collector's Office Campus, Vengikkal, Tiruvannamalai 606 604

5. The Deputy Registrar / District Election Officer, The Office of the Election Commission for Tamil Nadu Co-operative Societies, Chennai 600 018 ..Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider and pass order in Revision Petition on 11.08.2016 against the order dated 03.06.2016 in Na.Ka.No.47900/2015/Sa.Pa.3 on the file of the second Respondent based on the representation dated 19.12.2016 preferred by the Petitioner's counsel.

For Petitioner : Mr.P.A.Kadirvel For respondent : Mr.V.Selvaraj, Additional Government Pleader

ORDER

The Petitioner has filed this Writ Petition to issue a Writ of Mandamus directing the first respondent to consider and pass order in Revision Petition on 11.08.2016 against the order dated 03.06.2016 in Na.Ka.No.47900/2015/Sa.Pa.3 on the file of the second Respondent based on the representation dated 19.12.2016 preferred by the Petitioner's counsel.

2. According to the petitioner, the petitioner was elected as the President of Kattampoondi Society. The third respondent passed an order dissolving the society by his order dated 01.04.2015. Then the petitioner filed an appeal before the second respondent.

But without considering the appeal, election for constituting a fresh Board was announced. Aggrieved by the election notice dated 06.01.2016, a Writ petition was filed before this Court and the said petition was disposed of with the direction to the second respondent to consider the appeal of the petitioner. Then the second respondent dismissed the petitioner's appeal without considering the grounds raised by the petitioner. Then, the petitioner filed a revision petition dated 11.08.2016 before second respondent and he has not received any communication so far.

3. The learned Additional Government Pleader for the respondents would submit that the application filed by the petitioner is pending before the first respondent and the same shall be considered if it is in order in accordance with law.

4. In view of the submissions made by the counsels for the parties, the prayer in the Writ petition is for limited scope, without going into the merits of the case, this court is inclined to direct the first respondent to consider petitioner's revision petition dated 11.08.2016 on merits and pass orders in accordance with law as expeditiously as possible if it is in order, preferably within a period of 12 weeks from the date of receipt of a copy of this Order.

5. The Writ petition is disposed of with above directions. No costs.

-s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar

To

1. The Secretary to Govt, The Govt. of Tamil Nadu, Department of Co-operation, Food and Consumer Protection, Fort St.George, Secretariat, Chennai 600 009

2. The Registrar of Co-operative Societies, No.179, EVR Periyar Salai, Kilpauk, Chennai 600 010

3. The Joint Registrar of Co-operative Societies, District Collector's Office Campus, Vengikkal, Tiruvannamalai 606 604

4. The Deputy Registrar of Co-operative Societies, District Collector's Office Campus, Vengikkal, Tiruvannamalai 606 604

5. The Deputy Registrar / District Election Officer, The Office of the Election Commission for Tamil Nadu Co-operative Societies, Chennai 600 018 +1 CC to Mr.Pa. Kathirvel, Advocate sr 40902 +1 CC to Govt. Pleader sr 41280 W.P.No.14177 of 2017 VGII(CO) sp/29/6