Saravanakumar v. The Joint Registrar Of Co-Oeprative Societies.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.21136 of 2022 and W.M.P.No.20132 of 2022 Saravanakumar

...Petitioner

Vs.

The Joint Registrar of Co-Operative Societies, Tiruppur.

..Respondent.

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records relating to the impugned proceedings dated 27.07.2022 passed in Na.Ka.No.3498/2022/U2 on the file of the respondent herein and quash the same For Petitioner : Mr.K.Govi Ganesan For Respondent : Mr.N.Naveen Kumar Government Advocate

O R D E R

This writ petition is filed challenging the order passed by the respondent disqualifying the petitioner under Section 76-A of Tamil Nadu Co-Operative Societies Act.

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2. Heard the arguments of the learned counsel for the petitioner and that of learned Government Advocate for the respondent.

3. The learned counsel for the petitioner submits that under Section 76(A) of Tamil Nadu Co-Operative Societies Act only the Registrar is empowered to pass an order of suspension and the present order has been passed by the Joint Registrar and therefore the same is without jurisdiction. The learned counsel further submitted that Government Order passed in the year 2005, conferring all powers available to Registrar in respect of Primary Co-operative Societies, to the Joint Registrar cannot be pressed into service in respect of power conferred on Registrar subsequently by way of amendment to main Act. The learned counsel further submitted that the issue in this matter is covered by the order passed by this Court in W.P.No.16136 of 2023 dated 07.07.2023.

4. In the above said order after referring the earlier order passed by this Court in W.P.(MD).No.23902 of 2022, this Court observed as follows:- 2/6

"8. I concur with the above view expressed by the learned Judge. A close reading of the G.O.(2D) 108, would make it clear, in some cases while conferring powers of Registrar to Joint Registrar, Deputy Registrar and Sub-Registrar, certain powers under some of the Sections of Co-Operative Societies Act were specifically excluded and said powers were retained with Registrar. Therefore, at the time of issuing G.O. Government applied its mind on case to case basis and conferred only certain powers to other officials and retained certain powers to original authority namely Registrar. When Section 76-A of the Act was not available in the Statute in the year 2005, there was no occasion for Government to consider the impact of power available under Section 76-A and take a decision.

Hence, merely because all the powers available to the Registrar under the Act in respect of Primary and Central Societies were conferred on Joint Registrar, We cannot presume or assume, Government consciously conferred all powers to Joint Commissioner including those powers which will be conferred on Registrar on future date.

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"9. In view of the submission made earlier, the impugned order passed by the Joint Commissioner is clearly without jurisdiction. Therefore, the same is liable to be quashed.

5. Since the issue involved in this matter is already covered by the order passed by this Court in W.P.No.16136 of 2023, the impugned order is set aside on the ground of jurisdiction.

6. Accordingly, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

27.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To The Joint Registrar of Co-Operative Societies, Tiruppur.

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S.SOUNTHAR , J.

nr W.P No.21136 of 2022 and W.M.P.No.20132 of 2022 5/6

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