K.Murugan v. The Registrar Of Cooperative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:12.10.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.14277 of 2020 & WMP.No.17749 of 2020 K. Murugan Director J.J.601, Meyyur Primary Agricultural Cooperative Credit Society, Meyyur Village & Post 601 103, Uthukottai Taluk, Thiruvallur District.

... Petitioner .Vs.

1. The Registrar of Cooperative Societies, Kilpauk, Chennai - 10.

2. The Joint Registrar of Cooperative Societies, Thiruvallur Region, Tiruvallur, Tiruvallur District.

3. The Deputy Registrar of Cooperative Societies, Tiruvallur Circle, Tiruvallur, Tiruvallur District.

4. Nishanandhini, Vice-President, J.J.601, Meyyur Primary Agricultural Cooperative Credit Society, Meyyur Village & Post 601 103, Uthukottai Taluk, Thiruvallur District.

... Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Certiorari, calling for the entire records relating to the impugned order passed by the 3rd respondent in his proceedings Na.Ka.1434/2020/E2, dated 13.08.2020 and quash the same.

For Petitioner : Mr. S.R.R.Raghavan For Respondent : Mrs.T.Girija, Govt. Advocate https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Writ Petition has been filed challenging the impugned notice issued by the 3rd respondent to conduct enquiry under section 81 of the Cooperative Societies Act.

2. Heard Mr.S.R.R.Raghavan, learned counsel appearing for the petitioner and Mrs.T.Girija, learned Govt. Advocate appearing for the respondents 1 to 3.

3. The law on this issue is well settled. A recent Division Bench of this Court, in the judgment of P.Krishnan Vs. The Deputy Director of Industries and Commerce (Industrial Cooperatives)/(District Registrar of Industrial Cooperative) and others, reported in 2020 2 L.W.849 has categorically held that conducting enquiry under section 81 of the Act cannot be made a subject matter of challenge in a Writ Petition and no one can be said to be a person aggrieved, where an enquiry is ordered under section 81 of the Act. It is merely a fact finding enquiry.

4. In view of the same, this Court is not inclined to entertain the Writ Petition. Accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar To

1. The Registrar of Cooperative Societies, Kilpauk, Chennai - 10.

2. The Joint Registrar of Cooperative Societies, Thiruvallur Region, Tiruvallur, Tiruvallur District.

3. The Deputy Registrar of Cooperative Societies, Tiruvallur Circle, Tiruvallur, Tiruvallur District.

W.P.No.14277 of 2020 & WMP.No.17749 of 2020 rr ii (03/12/2020) https://hcservices.ecourts.gov.in/hcservices/