The Chennai Metropolitan Co-Operative Housing Society Ltd., v. The Joint Director Of Co-Operative Audit Dept.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2022
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.14416 of 2022 and W.M.P.No.13642 of 2022 The Chennai Metropolitan Co-operative Housing Society Limited, Represented by its President Mr.R.Veeramani, No.50, Ritherdon Road, Vepery, Chennai - 600 007.
...Petitioner
Vs.
1. The Joint Director of Co-operative Audit Department, Chennai Region,AMMA Complex, Veterinary Hospital Complex, 4th Floor, No.571,Anna Salai, Nandanam, Chennai -35.
2. The Assistant Director (North), The Co-operative Audit Department, P.T.Lee Chengalvarayan Trust Building, 5th Floor,No.807, Anna Salai, Chennai - 2.
3. The Assistant Director, The Co-operative Audit Department, The Chennai Metropolitan Co-operative Housing Society Limited, No.50, Ritherdon Road, Vepery, Chennai - 600 007.
...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the first respondent to consider and pass appropriate orders on the objections dated 24.05.2022 within reasonable time. For Petitioner : Mr.P.Sivamani For Respondents: Mr.M.Shahjahan Special Government Pleader
ORDER
Mr.M.Shahjahan, learned Special Government Pleader takes notice on behalf of the respondents.
2. The petitioner has filed this writ petition for issuance of a Mandamus, to direct the first respondent to pass appropriate orders on the petitioner objections dated 24.05.2022. Pursuant to the direction of the first respondent, the second respondent was directed to carry out the audit for issuance of Audit Certificate under the provisions of the Tamil Nadu Co-operative Societies Rules, 1988. The second respondent had raised certain objections which were not acceptable to the petitioner and therefore the petitioner sent a representation to the first respondent. The first respondent therefore directed the second respondent to look into the objections of the petitioner under the Audit Objections raised by the second respondent. It appears that the second respondent has considered the same and reaffirmed the earlier Audit Objections. Under these circumstances, the petitioner has sent a representation on 24.05.2022 with a request to the first respondent to exercise the power under Rule 102(8) of the Tamil Nadu Co-operative Societies Rules, 1988.
3.The learned Special Government Pleader for the respondents submits that the writ petition is without any merits. 4.Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents. 5.Considering the fact that the powers are vested with the first respondent, to pass appropriate orders in terms of Rule 102(8) of the Tamil Nadu Co-operative Societies Rules, 1988, I am inclined to dispose this writ petition, by directing the first respondent to pass appropriate orders on the objections dated 24.05.2022 of the petitioner, within a period of three months from the date of receipt of a copy of this order. 6.This Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar arb
To
1. The Joint Director of Co-operative Audit Department, Chennai Region, AMMA Complex, Veterinary Hospital Complex, 4th Floor, No.571, Anna Salai, Nandanam, Chennai -35.
2. The Assistant Director (North), The Co-operative Audit Department, P.T.Lee Chengalvarayan Trust Building, 5th Floor, No.807, Anna Salai, Chennai - 2.
3. The Assistant Director, The Co-operative Audit Department, The Chennai Metropolitan Co-operative Housing Society Limited, No.50, Ritherdon Road, Vepery, Chennai - 600 007.
+1cc to M/s.P.Sivamani, Advocate, S.R.No.33924 +1cc to the Special Government Pleader, S.R.No.35095 W.P.No.14416 of 2022 and W.M.P.No.13642 of 2022 RP(CO) RGA(27/06/2022)