K.R.Panneerselvam v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2026 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.21539 of 2024 K.R.Panneerselvam ... Petitioner Vs 1.The Principal Secretary to Govt., Handlooms, Handicrafts, Textiles and Khadi Department, Secretariat, Fort St.George, Chennai-600 009. 2.The Commissioner of Handlooms Functional Registrar of Co-operative Societies, Kuralagam, Chennai-600 104.

3.The Assistant Director of Handlooms, Department of Handlooms Cuddalore-607 003 4.The Managing Director, Bhuvanagiri Cotton-cum-Silk Weaver's Co-operative Production & Sales Society Limited, No.1500, No.50, ChinnaDevanagar Street, Bhuvanagiri, Bhuvanagiri Taluk, Cuddalore District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records of the 1st respondent impugned order G.O.(Ms) No.81, Handlooms, Handicrafts, Textiles and Khadi Department, dated 11.06.2024 and quash the same. 1/6

For Petitioner : Mr.L.P.Shanmugasundaram For Respondents : Mr.M.Rajendiran, Additional Government Pleader for RR-1 to 3 : Mr. L.S.M.Hasan Fizal for R-4

O R D E R

This Writ Petition has been filed challenging the G.O.(Ms) No.81, Handlooms, Handicrafts, Textiles and Khadi Department, dated 11.06.2024 issued by the 1st respondent.

2. It is the case of the petitioner that the petitioner served as a Honarary Vice President in the 4th respondent Society during the period from 09.05.2013 to 08.05.2015. Alleging that the petitioner was running two private saree shops, a show cause notice was issued to him by the 4th respondent calling upon the petitioner to give explanation as to the said allegation. Despite the petitioner's explanation to the Show Cause notice, a General Body Meeting was convened in compliance of Section 25 of the Tamil Nadu Co-operative Societies Act, 1983 wherein, a resolution was passed. Consequently, by order dated 30 04.2022, the petitioner was removed from the membership of the 4th respondent society. As against the order of removal, the petitioner filed a Writ Petition in W.P.No.14537 of 2022 which was dismissed by this Court vide order dated 18.07.2022 on the ground that there is an alternate remedy available for the petitioner under Section 153 of the Act.

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3. Accordingly, the petitioner had preferred a Revision Petition before the 2nd respondent under Section 152 of the Tamil Nadu Cooperative Societies Act which was allowed vide order dated 23.04.2024 thereby quashing the order or removal dated 30.04.2022. Whileso, G.O (Ms) No.81, Handlooms, Handicrafts, Textiles and Khadi Department, dated 11.06.2024 came to be passed by the 1st respondent thereby quashing the order passed by the Revision Authority on the ground that the same is in contravention of the proviso under Section 23(2)(e) of the Act. Aggrieved by the same, the present Writ Petition has been filed.

4. Learned counsel appearing for the petitioner submitted that the impugned order is arbitrary and illegal as no opportunity of hearing was given to the petitioner before passing the same which is in violation of principles of natural justice and therefore, the same is liable to be set aside. Accordingly, he prayed for allowing the Writ Petition.

5. Learned Additional Government Pleader appearing for respondents 1 to 3 fairly submitted that this Court may set aside the impugned order and remand the matter back to the 1st respondent for fresh consideration. 3/6

6. In view of the aforesaid submissions, the impugned G.O.(Ms) No.81, Handlooms, Handicrafts, Textiles and Khadi Department, dated 11.06.2024 issued by the 1st respondent is hereby set aside and the matter is remanded back to the 1st respondent for fresh consideration after affording an opportunity of hearing to the petitioner.

7. The Writ Petition is allowed in the above terms. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 08.01.2026 Index : Yes / No Speaking Order / Non-speaking order Nhs To 1.The Principal Secretary to Govt., Handlooms, Handicrafts, Textiles and Khadi Department, Secretariat, Fort St.George, Chennai-600 009. 2.The Commissioner of Handlooms Functional Registrar of Co-operative Societies, Kuralagam, Chennai-600 104.

3.The Assistant Director of Handlooms, Department of Handlooms Cuddalore-607 003 4/6

4.The Managing Director, Bhuvanagiri Cotton-cum-Silk Weaver's Co-operative Production & Sales Society Limited, No.1500, No.50, ChinnaDevanagar Street, Bhuvanagiri, Bhuvanagiri Taluk, Cuddalore District.

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M.DHANDAPANI, J Nhs and W.M.P.No.21539 of 2024 08.01.2026 6/6