T.Tamilarasu v. The Addtional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2025 CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Writ Petition No.16004 of 2020 and WMP Nos.19915 & 19916 of 2020 1.T.Tamilarasu 2.E.Sarvesan 3.E.Vivekanandan 4.K.Govindaraju 5.K.Jayalakshmi 6.S.Dasarathan 7.A.K.Anbarasan 8.S.Senthil .... Petitioners -Vs1.The Additional Chief Secretary Co-operative Food and Consumer Protection Department Secretariat, Fort.St.George chennai-600 009.
2.The Registrar of Co-operative Societies No.170, E.Ve.Ra.Periyar Salai N.V.Natarajan Maaligai Kilpauk, Chennai-600 010.
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3.The Managing Director Chennai Central Co operative Bank 215, Prakasam Salai Prakasam Road, Broadway Chennai-600001.
4 .The Park Town Co operative Wholesale Departmental Store Rep by its Managing Director No 185 Praksam Road, (Koththavalsavadi) Broadway, Chennai 600 001.
... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records in G.O. Ms. NO.85 Cooperative Food and Consumer Protection Department dated 18.08.2020 issued by the 1st Respondent quash the same and consequently direct the 2nd and 3rd Respondents to utilize the property situated at Plot No. 5102- F2 15th Main Road, Anna Nagar West, Chennai for the benefit of the 3rd Respondent and its employees.
For Petitioners : Mrs.D.Geetha For Respondents : Mr.M.Muthusamy Government Advocate for R1 & R2 Mr.M.Thirumurthy for Mr.L.P.Shanmugasundaram for R4 No appearance for R3 2 / 7
O R D E R
The Writ Petition has been filed in the nature of a Certiorarified Mandamus, seeking records of G.O.Ms.No.85, Co-operative Food and Consumer Protection Department, dated 18.08.2020 issued by the 1st respondent, the Additional Chief Secretary, Co-operative Food and Consumer Protection Department, Chennai and quash the same and direct the 2nd and 3rd respondents to utilise property at Plot No.5102-F2, 15 Main Road, Anna Nagar West, Chennai for the benefit of the 3rd respondent and its employees. The Writ petition has been filed by eight separate individuals some of them are retired employees and others are service employees of Chennai Central Co-operative Bank, the 3rd respondent. They have not disclosed this fact in the affidavit. 2.
By way of the Government Order, permission was granted for sale of a limited portion of land namely about 4800 sq.ft of land out of a larger area of 14,427 sq.ft., of land owned by the 3rd respondent to the 4th respondent. The petitioner claimed that the large land is utilised for the benefit of the employees and others of the 3rd respondent. But, however it is seen in the counter affidavit filed that 4800 Sq.ft of land had been sold on 27.12.
proceedings in RC.No.165340/2002ACS3 dated 8.11.2004 of the Additional Registrar of Co-operative Societies (Credit). 3.It is contended on behalf of the respondents that there is still substantial land available to an extent of 9,627 Sq.ft., with the 3rd respondent. It is thus urged by the learned counsel that the issue raised in the writ petition have not become infructuous consequent to the sale made. 4.The G.O itself permitted such sale and therefore there cannot be any interference with the said G.O particularly as the G.O had been put into effect. The land had been earmarked and identified and already sold in a transaction between the 3rd and 4th respondents. The challenge to the G.O has now become infructuous.
5.The Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
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KP To 1.The Additional Chief Secretary Co-operative Food and Consumer Protection Department Secretariat, Fort.St.George chennai-600 009.
2.The Registrar of Co-operative Societies No.170, E.Ve.Ra.Periyar Salai N.V.Natarajan Maaligai Kilpauk, Chennai-600 010.
3.The Managing Director Chennai Central Co operative Bank 215, Prakasam Salai Prakasam Road, Broadway Chennai-600001.
4 .The Park Town Co operative Wholesale Departmental Store Rep by its Managing Director 5 / 7
No 185 Praksam Road, (Koththavalsavadi) Broadway, Chennai 600 001.
C.V.KARTHIKEYAN.,J KP Writ Petition No.16004 of 2020 6 / 7
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