G.Prakash Kumar v. The Registrar Of Co - Operative Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.Nos.14782, 12653, 13872, 13796, 14280, 14288, 14990, 16488 and 16499 of 2022 and W.M.P.Nos.13976, 13977, 13978, 19008, 12101, 12103, 12107, 15901, 13139, 13142, 13143, 13088, 13089, 13090, 13511, 13514, 13515, 13522, 13525, 13526, 14212, 14213, 14214, 15779, 15783, 15786, 15789, 15790, 15791, 23138 and 23139 of 2022 W.P.No.14782 of 2022:
G.Prakash Kumar ... Petitioner vs.
1.The Registrar of Co-operative Societies No.170, NV Natarajan Maaligai EVR High Road, Kilpauk Chennai 600 010 2.The Joint Registrar of Co-operative Societies Theni Reign, Theni.
3.The Managing Director, Madurai District Central cooperative Bank, Madurai ... Respondents 1/4
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned circular issued by the 1st respondent in (Na.Ka.No.72225/2021/ sa na1) Circular No.06/2022/san a 1 dated 22.03.2022 and quash the same for being arbitrary, illogical, irrational besides being ultra virus the Act and consequentially direct the Respondents herein to not interfere with the day to day management of the DD 158, Bodinayakanur Primary Agriculture Credit Society Ltd. For Petitioners : Mr.L.P.Shanmugasundaram (in W.P.Nos.14782, 13872, 13796, 14280, 14288, 14990, 16488 and 16499 of 2022) : Mr.I.S.Inbadurai (in W.P.No.12653 of 2022) For Respondents : Mr.J.Ravindran Additional Advocate General-IX Assisted by Mr.A.Selvendran Special Government Pleader (in all WPs) C O M M O N O R D E R The petitioners, who are elected as President of Cooperative Societies, are challenging the Circular issued by the 1st respondent dated 22.03.2022 empowering the Secretary of the respective Societies to sign the cheques.
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2. When these writ petitions are taken up for hearing, Mr.J.Ravindran, learned Additional Advocate General-IX assisted by Mr.A.Selvendran, learned Special Government Pleader for the respondents submitted that the petitioners' term as President of Board of Directors is already over and now, the respective Societies are under the administration of the Administrator. Since the petitioners are no longer holding the post of President of the Cooperative Societies, the prayers sought for in these writ petitions have become infructuous. However, it is made clear, in case, the petitioners are elected as President of any Cooperative Societies in furture, they are entitled to challenge the circular.
3. With the above observation, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 20.09.2023 Index : Yes/No Speaking order:Yes/No dm 3/4
S.SOUNTHAR, J.
dm To 1.The Registrar of Co-operative Societies No.170, NV Natarajan Maaligai EVR High Road, Kilpauk Chennai 600 010 2.The Joint Registrar of Co-operative Societies Theni Reign, Theni.
3.The Managing Director, Madurai District Central cooperative Bank, Madurai 20.09.2023 4/4