J.Vivekanandan v. The Joint Director Of Industries And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WRIT PETITION NO.16512 OF 2021 AND W.M.P.NO.17478 OF 2021 J.Vivekanandan ... Petitioner -Vs1. The Joint Director of Industries and Commerce (Tea Industry), Coonoor, Nilgiris District.

2. The Additional Registrar (Sales Planning and Development), Office of the Registrar of Cooperative Societies, 170, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.

3. The Managing Director, Yedakkad Industrial cooperative Tea Factory, Yedakkad Post, The Nilgiris.

4. The Joint Registrar, Nilgiris Division, Udhagamandalam, The Nilgiris.

... Respondents PRAYER:- Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the entire proceedings of the 1st respondent leading to the issue of order made in Na.Ka.No.1684/Thou.Ku-1/2020 dated 08.07.2021 and quash the same.

For Petitioner : Mr.A.Bobblie For Respondents : Mr.A.Selvendran Government Advocate

O R D E R

This writ petition has been filed challenging the order passed by the first respondent through proceedings dated 08.07.2021, wherein the petitioner has been removed from the Board in exercise of powers under Section 31(1) of the Tamil Nadu Cooperative Societies Act, 1983 (hereinafter called as 'the Act') since the petitioner is said to have suffered a disqualification under Section 34(6) of the Act.

2. Heard Mr.Bobblie, learned counsel appearing for the petitioner and Mr.A.Selvendran, learned Government Advocate appearing for the respondents.

3. It is clear from the records that, proceedings were initiated against the petitioner and others under Section 87 of the Act and orders were also passed by the fourth respondent through proceedings dated 10.06.2006. This order was never put to challenge and in spite of the same, the petitioner and others were once again inducted as the members of the Board. Therefore, proceedings were initiated on the ground that the petitioner is disqualified to hold the position as the member of the Board by virtue of Section 34 of the Act. An opportunity was given to the petitioner and the petitioner also gave his explanation and on considering the explanation, the impugned order came to be passed by the first respondent.

4. In the considered view of this Court, the order passed by the first respondent is well within the jurisdiction and the said order has been passed after affording an opportunity to the petitioner. That apart, the petitioner has an effective and efficacious alternative remedy under Section 152(2)(v) of the Act to file an appeal if he is aggrieved by the order passed by the first respondent. In view of the same, this Court cannot entertain the present writ petition. It is also brought to the notice of this Court that the petitioner has chosen to file an appeal as against the original order passed under Section 87 of the Act and the same is also pending.

5. In view of the above, this Court finds that the present writ petition is not maintainable and liberty is granted to the petitioner to work out his remedy in the manner known to law before the appropriate forum. Except giving this liberty, no further orders can be passed in this writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. Registry is directed to return back the original order passed by the first respondent to the learned counsel for the petitioner in order to enable the petitioner to file an

appeal before the appropriate forum.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar KST To

1. The Joint Director of Industries and Commerce (Tea Industry), Coonoor, Nilgiris District.

2. The Additional Registrar (Sales Planning and Development), Office of the Registrar of Cooperative Societies, 170, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.

3. The Managing Director, Yedakkad Industrial cooperative Tea Factory, Yedakkad Post, The Nilgiris.

4. The Joint Registrar, Nilgiris Division, Udhagamandalam, The Nilgiris.

+1cc to Mr.A.Bobblie, Advocate, S.R.No.39349 +1cc to the Government Pleader, S.R.No.39752 W.P.NO.16512 OF 2021 & WMP NO.17478 OF 2021 NRL(CO) PBS/25/08/2021