Thiyagarayanagar Co-Operative v. The Registrar Of Co-Operative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.7.2017
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.15485 of 2017 and W.M.P.No.16772 of 2017 Thiyagarayanagar Co-operative Bank, 5 Duraisamy Rd T.Nagar Chennai 17 Rep.by its President S.Ezhumalai S/o.E.Srinivasan No.25/16, Brindavan St, West Mambalam Chennai 600 033.
...
Petitioner Vs.
1 The Registrar of Co-operative Societies No .170. N.V.Natarajan Maligai E.V.R. Periyar Road Kilpauk Chennai 600 010 2 Additional Registrar of Co-operative Societies Chennai Zone No.91 St Marys Road Abiramapuram Chennai 600 018 3 Deputy Registrar Co-operative Societies (Credit) Kuralagam, Broadway Chennai 600 018 ... Respondents Prayer:
Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari filed Mandamus, to call for the records in Na.Ka 2961/2017/ E2 dated 12.06.2017 passed by the second respondent and quash the same and consequently direct the first respondent to approve the resolution No.19 dated 31/05/2017 passed by the petitioner's board.
For Petitioner : Mr.N.Manokaran For Respondents : Mr.S.T.S.Moorthy, Addl. Advocate General Assisted by Mr.L.P.Shanmugasundaram, Spl. Govt. Pleader
O R D E R
The Writ petitioner has challenged the impugned notice, dated 12.6.2017 passed by the second respondent herein before this Court on the following grounds:
(a) The impugned order is predetermined, in other words because of the resolution with respect to withdrawal of the post namely Managing Director, the impugned order has been passed. (b) While convening the Board of Directors meeting, the procedure contemplated under Section 33(13) of the Tamilnadu Cooperative Societies Act is not followed. (c) The report under Section 82 of the Act has not been furnished to the Board.
2 On instructions from Mr.S.Baskar, Deputy Registrar of Cooperative Societies, the learned Additional Advocate General fairly conceded to withdraw the impugned show cause notice, dated 12.6.2017.
3 In view of the statement made by the learned Additional Advocate General, the learned counsel for the petitioner would submit that in the event of show notice, dated 12.6.2017 is being withdrawn, on instruction, the petitioner undertakes that they will withdraw the resolution, dated 31.5.2017 if the respondent will not proceed afresh invoking Section 88 of the Tamilnadu Cooperative Societies Act for the same reasons as stated in the impugned order. In support of the contention, consent letter given by the petitioner be form part of the order. 4 Recording the statement made by the learned Additional Advocate General and the learned counsel for the petitioner, the writ petition is closed. No costs. Consequently, connected miscellaneous petition is also closed.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar vaan To 1 The Registrar of Co-operative Societies No .170. N.V.Natarajan Maligai E.V.R. Periyar Road Kilpauk Chennai 600 010 2 Additional Registrar of Co-operative Societies, Chennai Zone No.91, St Marys Road, Abiramapuram Chennai 600 018
3 Deputy Registrar Co-operative Societies (Credit), Kuralagam Broadway, Chennai 600 018.
+ 1 cc to M/s.Mr.SathishKumar, Advocate,SR.49541 + 1 cc to M/s.N.Manokaran, Advocate,SR.48705 + 1 cc to The Govt.Pleader, SR.49420 W.P.No.15485 of 2017 and W.M.P.No.16772 of 2017 RSY(CO) NR 08/08/2017