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Madras High CourtWP/24130/2017disposed of

Mr.K.Venkatesan, v. The Deputy Registrar,

2017-09-18Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.09.2017

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.24130 of 2017 and W.M.P.Nos.25483 and 25484 of 2017 1.Mr.K.Venkatesan Director and Vice President, Chennai Corporation Officials, Co-operative Society, Ripon Buildings, Chennai-600 003.

2.Mr.C.Ashok Kumar, Director, Chennai Corporation Officials, Co-operative Society, Ripon Buildings, Chennai-600 003.

3. Mr.S.Murugan Director, Chennai Corporation Officials, Co-operative Society, Ripon Buildings, Chennai-600 003.

...Petitioners

- Vs -

1. The Deputy Registrar, Co-operative Societies (Credit), Kuralagam, Chennai-600 108.

2. The Managing Director, Chennai Corporation Officials, Co-operative Society, Ripon Buildings, Chennai-600 003.

3. A.Justin, President, Chennai Corporation Officials, Co-operative Society, Ripon Buildings, Chennai-600 003.

4. The Registrar, Tamil Nadu Co-operative Societies, No.170, Natarajan Mahal, E.V.R.Road, Kilpauk, Chennai-600 010.

5. The Additional Registrar, Chennai Zone, Tamil Nadu Co-operative Societies, No.91, St.Mary's Road, Abiramapuram, Chennai-600 018.

6. The Chennai Corporation Officials, Co-operative Society Limited, Ripon Buildings, Chennai-600 003.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 4th respondent to probe and hold an enquiry into the irregularities, misappropriation of funds, fraudulent and corrupt activities of the 3rd respondent on the basis of the petitioner's representation dated 27.04.2016 and 03.02.2017 in terms of Section 81 of the Tamil Nadu Co-operative Societies Act, 1983.

For Petitioner : Mr. R. Manickavel For R1, R4 & R5 : Mr.L.P.Shanmughasundaram Special Government Pleader For R2 & R6 : Mr.V.Selvaraj Additional Government Pleader

O R D E R

The petitioner has filed this writ petition before this Court for the limited scope of the prayer. By considering the petitioner's representation dated 27.04.2016 and 03.02.2017.

2. According to the learned Additional Government Pleader, on instruction he would submit that one Justin has filed Writ Petition W.P.No.36499/2016 before this Court and obtained interim order. Subsequently, the aforesaid writ petition was dismissed by this Court on 05.04.2017 and the same was received on 14.09.2017.

3. By considering the said submission made by the learned counsel for the petitioner as well as learned Additional Government Pleader, admittedly, at present there is no legal impediment to take action under Section 81 of the Tamil Nadu Co-

operative Societies Act, on the basis of the petitioner's representation dated 27.04.2016. Therefore, this Court is inclined to direct the 4th respondent to consider the petitioner's representation dated 27.04.2016 and pass orders on merits and in accordance with law as expeditiously as possible after providing opportunity to the parties concerned. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssn To

1. The Deputy Registrar, Co-operative Societies (Credit), Kuralagam, Chennai-600 108.

2. The Managing Director, Chennai Corporation Officials, Co-operative Society, Ripon Buildings, Chennai-600 003.

3. The Registrar, Tamil Nadu Co-operative Societies, No.170, Natarajan Mahal, E.V.R.Road, Kilpauk, Chennai-600 010.

4. The Additional Registrar, Chennai Zone, Tamil Nadu Co-operative Societies, No.91, St.Mary's Road, Abiramapuram, Chennai-600 018.

5. The Chennai Corporation Officials, Co-operative Society Limited, Ripon Buildings, Chennai-600 003.

+ 1 cc to Mr. R. Manickavel, Advocate SR.68108 + 1 cc to Mr.V. Selvaraj, Advocate SR.68699 + 1 cc to Government Pleader Sr.69519 W.P.No.24130 of 2017and W.M.P.Nos.25483 and 25484 of 2017 BR(CO) EU(01/11/2017)