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Madras High CourtWP/12967/2020disposed of

R.Angulakshmi v. The Deputy Registrar

2020-09-17Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.12967 of 2020 & WMP.Nos.16046 & 16049 of 2020 R.Angulakshmi

...Petitioner

.Vs.

1.The Deputy Registrar of Cooperative Societies, Coimbatore Circle, Coimbatore District.

2.Mrs. Radharani, Enquiry Officer, Now Deputy Registrar of Cooperative Societies, TANFED, Ramanathapuram, Coimbatore District.

3.The President, Pasur Pudupalayam Primary Agricultural Cooperative Credit Society, Pasur & Post - 641 653, Annur Taluk, Coimbatore District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Certiorari calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Tha.Thee.No.1/2018/Sa.Pa.1, dated 16.5.2019 and quash the same in sofar as the petitioner is concerned.

For Petitioner :

Mr.C. Prakasam For Respondents :

Mr.L.P.Shanmugasundaram Spl. Govt. Pleader

O R D E R

This Writ Petition has been filed challenging the impugned order passed by the 1st respondent in the proceedings initiated under section 87 of the Cooperative Societies Act, 1985.

https://hcservices.ecourts.gov.in/hcservices/

2. Heard Mr.C.Prakasam, learned counsel appearing for the petitioner and Mr.L.P. Shanmugasundram, learned Special Government Pleader appearing for the respondents 1 and 2.

3. On a careful reading of the order passed by the 1st respondent, it is seen that there are certain factual disputes which cannot be gone into by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India. The petitioner has an efficacious alternative remedy under Section 152 of the Cooperative Societies Act 1983. The petitioner cannot directly approach this Court without exhausting this remedy.

4. In view of the above, this Court is not inclined to entertain this Writ Petition and the petitioner is directed to work out the remedy in accordance with law.

5.The writ petition is disposed of accordingly. No costs. Consequently, the connected WMP.Nos.16046 & 16049 of 2020 are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msr To 1.The Deputy Registrar of Cooperative Societies, Coimbatore Circle, Coimbatore, Coimbatore District.

2.The President, Pasur Pudupalayam Primary Agricultural Cooperative Credit Society, Pasur & Post - 641 653, Annur Taluk, Coimbatore District.

+1cc to Mr.L.P.Shanmugasundaram, Advocate, SR.No.30525 +1cc to The Special Government Pleader, SR.No.30475 W.P.No.12967 of 2020 & WMP.Nos.16046 & 16049 of 2020 RLD(CO) RN(19/10/2020) https://hcservices.ecourts.gov.in/hcservices/