K.Ammaiappan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2021

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.14089 of 2021 and WMP.No. 14967 of 2021 K.Ammaiappan ..

Petitioner vs.

1. The State of Tamil Nadu Rep. By its Principal Secretary to Government, Co-operation, Food and Consumer Protection Department, Fort St.George, Chennai -9.

2. The Registrar of Co-operative Societies, No. 170, NV Natarajan Maaligai, EVR High Road, Poonamallee High Road, Kilpauk, Chennai -600010

3. The Election Commission Tamil Nadu Co-operative Societies Represented by its Election Commisioner No. 170, NV Natarajan Maaligai, EVR High Road, Poonamallee High Road, Kilpauk, Chennai -600010 .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents from dissolving or prematurely terminating the tenure of the petitioner as the president of the N. 1269 Lathivadi Primary Agriculture Cooperative Credit Society elected in the year 2018 in the elections conducted in accordance with the Tamil Nadu Cooperative societies Act 1983 and the Tamil Nadu Co-opertive Societies Rules 1988.

For Petitioners : L.P.Shanmugasundaram For Respondents : Mr.A.Selvendran, GA- R1 & R2 : Mr.U.Karunakaran - R3

O R D E R

The instant writ petition is filed seeking for a direction forbearing the respondents from dissolving or prematurely terminating the tenure of the petitioner as the president of the N.1269 Lathivadi Primary Agriculture Co-operative Credit Society elected in the year 2018 in the elections conducted in accordance with the Tamil Nadu Co-operative societies Act 1983 and the Tamil Nadu Co-opertive Societies Rules 1988. 2.

Heard Mr.L.P. Shanmugasundaram, learned counsel appearing for the petitioner and Mr.A.Selvendran, learned Government Advocate appearing for the respondents 1 & 2 and Mr.U.Karunakaran, learned counsel appearing for the 3rd respondent.

3. The relief sought for in the writ petition has been elaborately considered and disposed of by way of common order by this Court in W.P.Nos. 12706 of 2021 etc., batch dated 05.07.2021. The said order is squarely applies to the facts of these present cases. The relevant portion of the order is extracted below;

13..............Therefore, it is for the authorities concerned to enquire into the irregularities committed by any office bearers of the Societies and to take action against the office bearers concerned by following the procedures contemplated under the Tamil Nadu Cooperative Societies Act, 1983 and Rules, 1988. Hence, at this stage, this Court will not wish to decide the allegations of the petitioners raised in these writ petitions, as the contentions raised by the parties in all these writ petitions have to be raised before the appropriate forum at a later stage.

14. Though the petitioners made allegations against the officials of the respondents with regard to interfering and harassing the petitioners without following due process of law, at this stage, the same cannot be gone into by this Court without placing any supporting materials to substantiate these allegations.

15. The learned counsel for the parties have

raised the issue/contention with regard to maintainability of the writ petitions. This Court has not gone into the issue with regard to maintainability of the writ petitioners, in view of the statement made by the first respondent in the Status Report.

16. This Court has recorded above, the submission made by the learned Advocate General, based on the Status Report of the first respondent. It is made clear that if any action taken by the respondents is contrary to the procedures as contemplated under the Tamil Nadu Cooperative Societies Act, 1983 and Rules, 1988, it is always open to the elected office bearers of the Societies to agitate the same before the appropriate forum.

17. With the above observations, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. "

4. Following the aforesaid decision of this Court, the present writ petition is also disposed of. No costs. Consequently, connected miscellaneous petitions is closed. /SdAssistant Registrar(CS-VI) // True Copy// Sub Assistant Registrar ak To 1.

The Principal Secretary to Government, Co-operation, Food and Consumer Protection Department, Fort St.George, Chennai -9.

2. The Registrar of Co-operative Societies, No. 170, NV Natarajan Maaligai, EVR High Road, Poonamallee High Road, Kilpauk, Chennai -600010

2. The Election Commisioner The Election Commission Tamil Nadu Co-operative Societies No. 170, NV Natarajan Maaligai, EVR High Road, Poonamallee High Road, Kilpauk, Chennai -600010.

+1cc to Government Pleader, S.R.No.32125 W.P.No.14089 of 2021 and W.M.P.No. 14967 of 2021 GMI(CO) SU(04/08/2021)