Madras High CourtWP/16207/2020disposed of

P.Kaliya Perumal v. The Commissioner For Milk Production And Dairy Development,

2020-11-19Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.11.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.16207 of 2020 P.Kaliya Perumal

...Petitioner

1. The Commissioner for Milk Production, and Dairy Development, Madhavaram Milk Colony, Chennai-51.

2. The Joint Registrar Milk Production and Dairy Development Department, Madhavaram Milk Colony, Chennai-51.

3. The Deputy Registrar, Milk Production and Dairy Development Department, No.7, Bharathiyar Street, Salamedu, Villupuram.-605 602.

4. The Assistant Director, (Audit) Milk Production and Dairy Development Department, No.7, Bharathiyar Street, Salamedu, Villupuram-605602.

5. Kaliyamoorthy

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider and pass orders on the representation of the petitioner dated 09.09.2020 submitted for seeking necessary action by way of conducting enquiry against the misappropriation and illegal activities of the 5th respondent the Secretary of TND 145 Koohayur Co-op Milk Producers' Society, Chinna Salem Taluk, Kallakurichi District.

For Petitioner : Mr. V.R.Appaswamee For Respondents : Mrs.T.Girija R1 to R4 Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of a Writ of Mandamus directing the respondents to act upon the complaint given by the petitioner on 09.09.2020 and to conduct an enquiry against the alleged misappropriation and illegal activities of the 5th respondent.

2. When this matter came up for admission on 11.11.2020, this Court on going through the records found that the petitioner has placed sufficient materials to justify his claim to conduct an enquiry against the 5th respondent. Therefore, this Court directed the learned Additional Government Pleader appearing on behalf of the respondents 1 to 4 to take instructions and report to this Court with regard to the action taken on the complaint given by the petitioner.

3. When the matter was taken for hearing today, the learned Additional Government Pleader circulated the proceedings of the third respondent dated 01.10.2020. On a careful reading of these proceedings, it is seen that the third respondent has ordered for an inquiry under Section 81 of the Tamil Nadu Cooperative Societies Act, 1933. The third respondent has further directed the enquiry officer to complete the inquiry within a period of three months and submit a report in order to proceed further in accordance with law.

4. In view of the above development, there shall be a direction to the third respondent to get the report after the completion of the Section 81 inquiry and proceed further in accordance with law.

5. This writ petition is disposed of accordingly. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar rli To

1. The Commissioner for Milk Production, and Dairy Development, Madhavaram Milk Colony, Chennai-51.

2. The Joint Registrar Milk Production and Dairy Development Department, Madhavaram Milk Colony, Chennai-51.

3. The Deputy Registrar, Milk Production and Dairy Development Department, No.7, Bharathiyar Street, Salamedu, Villupuram.

4. The Assistant Director, (Audit) Milk Production and Dairy Development Department, No.7, Bharathiyar Street, Salamedu, Villupuram. +2 CC to Mr. V.R.Appaswamee, Advocate Sr.No.37117 +1 CC to Special Government Pleader Sr.No.37363 W.P.No.16207 of 2020 NR(CO) KP(19/12/2020)