No.K-1106, Poolankinar v. The Registrar Of Cooperatives
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2015
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.40623 of 2015 and M.P.No.1 of 2015 No.K-1106, Poolankinar Primay Agricultural Co-operative Credit Society Ltd, Rep by its President, Poolankinar - 641 122 Udumalpet Taluk, Tiruppur District.
...Petitioner
Vs
1. The Registrar of Cooperative Societies, No.170, E.V.R.Periyar High Road, Kilpauk, Chennai 600 010
2. The Joint Registrar of Co-operative Societies, Tiruppur Region, Palladam Road, Tiruppur 641 604
3. The Deputy Registrar of Co-operative Societies, Dharapuram Circle, Vasantha Road, Dharapuram 638 656 Tiruppur District.
4. The Inspector of Police, C.C.I.W.CID, Coimbatore Rural, Coimbatore 641 018.
5. V.K.Arulvelan, Clerk, Poolankinar PACS, Poolankinar - 641 122 Tiruppur District.
... Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of Certiorarifed mandamus, calling for the entire records relating to the impugned orders passed by the 3rd respondent in the proceedings Na.Ka. 3187/2010/ Sa.Pa. dated 27.11.2015 and quash the same and consequently forbear the respondents 3 and 4 from in any manner interfering with the Board of Management in their exercise of powers vested with them
as per the provisions of the Tamil Nadu Cooperative Societies Act, 1983.
For Petitioner : Mr.R.Krishnamoorthy For Respondents 1 to 4 : Mr.D.Venkatachalam Government Advocate ************
O R D E R
By consent of the learned counsel on either side, the writ petition is taken up for final disposal.
2.
Heard Mr.R.Krishnamoorthy, learned Counsel appearing for the petitioner and Mr.D.Venkatachalam, learned Government Advocate appearing for the respondents 1 to 4. 3.
The petitioner is a Co-operative Society and the present attempt of the petitioner is to canvas the case of the fifth respondent, who was demoted by the order dated 11.07.2013 passed by the Joint Registrar of Cooperative Societies, the second respondent. Admittedly, the fifth respondent has not challenged the said order dated 11.07.2013, in and by which, the fifth respondent was de-promoted. As long as the said order is not questioned in the manner known to law, the question of permitting the fifth respondent to discharge higher responsibility would in effect reduce the order dated 11.07.2013 to a nullity. Therefore, the third respondent has rightly observed that the society should adhere to the directions contained in the order dated 11.07.2013. Accordingly, the challenge to the impugned proceedings is not sustainable. Hence, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
-s/dAssistant Registrar(CSII) dt:18/01/2016 True Copy Sub-Assistant Registrar srn
1. The Registrar of Cooperative Societies, No.170, E.V.R.Periyar High Road, Kilpauk, Chennai 600 010
2. The Joint Registrar of Co-operative Societies, Tiruppur Region, Palladam Road, Tiruppur 641 604
3. The Deputy Registrar of Co-operative Societies, Dharapuram Circle, Vasantha Road, Dharapuram 638 656 Tiruppur District.
4. The Inspector of Police, C.C.I.W.CID, Coimbatore Rural, Coimbatore 641 018.
+1 cc to Mr.P.Krishnamoorthy Advocate sr.69285 +1 cc to Government Pleader sr.69609 W.P. No.40623 of 2015 ctk(co) aa19/01/2016