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Madras High CourtWP/25502/2016disposed of

C.Jayavel, v. The Registrar,

2016-07-21Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21-07-2016

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN WRIT PETITION No.25502 of 2016 and WMP No.21855 of 2016 C.Jayavel ... Petitioner Vs.

1. The Registrar, Tamil Nadu State Co-operative Society, Registrar Office, EVR Salai, Kilpauk, Chennai.

2. The Deputy Registrar (FAC), Dharmapuri District Co-operative Society, Dharmapuri.

3. The Joint Registrar, Dharmapuri District Co-operative Society, Dharmapuri.

4. The Sub-Registrar/Election Officer, Dharmapuri District Co-operative Society, Dharmapuri.

5. P.K.Mathaiyan @ Nehru

6. N.Purushothaman

7. P.Jayakumar

8. M.Palaniappan

9. M.Krishnan 10.P.Amalrani ... Respondents Writ Petition is filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records relating to the impugned notice of the second respondent in R.C.No.1363/2015/Sapa2 dated 8.7.2016 and quash the same.

For Petitioner : Mr.A.Ilaya Perumal For Respondents : Mr.R.Balaramesh, 1 to 4 Additional Government Pleader (Co-op.)

O R D E R

The petitioner, who is the President of the fourth respondent-Agricultural Co-operative Credit Society, is slapped with the impugned order dated 8.7.2016, by which a reply is sought from the petitioner with regard to no confidence motion brought by 100 members of the Society.

2. Though Mr.A.Ilayaperumal, learned counsel appearing for the petitioner, very strenuously argued the matter, relying upon the Rules 61 and 62 of the Tamil Nadu Co-Operative Societies Rules, this Court is not inclined to accept the argument and was about to dismiss the writ petition. The learned counsel appearing for the petitioner seeks time be given to the petitioner to give a reply to the impugned notice dated 8.7.2016 issued by the second respondent.

3. Taking into account, the request made by the learned counsel for the petitioner is reasonable, this Court extends the time upto 15.8.2016, to enable the petitioner to give reply. In case, if the petitioner does not give any reply, the second respondent is at liberty to proceed with, as scheduled. Similarly, even if the reply is given by the petitioner, the second respondent is directed to act as per law.

4. The writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Svn To

1. The Registrar, Tamil Nadu State Co-operative Society, Registrar Office, EVR Salai, Kilpauk, Chennai.

2. The Deputy Registrar (FAC), Dharmapuri District Co-operative Society, Dharmapuri.

3. The Joint Registrar, Dharmapuri District Co-operative Society, Dharmapuri.

4. The Sub-Registrar/Election Officer, Dharmapuri District Co-operative Society, Dharmapuri.

+1cc to Mr.A.Ilaya Perumal, Advocate, S.R.No.41363 +1cc to the Government Pleader, S.R.No.41889 W.P No.25502 of 2016 GR(CO) CA(22/07/2016)