The Madras High Court v. The Government Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2016

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.32291 of 2016 The Madras High Court Co-operative Society Ltd., No.G.214, Rep. By its President, Chennai 104.

... Petitioner Vs.

1.The Government of Tamilnadu, Rep. By its Secretary to Government, Food and Cooperation Consumer Protection Department, Fort St.George, Chennai-9.

2.The Registrar of Co-operative Societies, No.170, N.V.M. Malligai, Kilpauk, Chennai-10.

3.The Deputy Registrar of Co-operative Societies (Credit), Kuralagam, Chennai-108.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the first respondent to pass order on the proposal submitted by the petitioner society dated 12.08.2016 under section 72(2) read with Rule 95 of the Tamilnadu Co-operative Societies Acts and Rules.

For Petitioner : Mr.M.S.Palaniswamy For Respondents : Mr.V.Selvaraj, Additional Government Pleader

O R D E R

Mr.V.Selvaraj, learned Additional Government Pleader takes notice for the respondents and by consent of both sides, the main writ petition itself is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/

2.The petitioner is a Co-operative Society seeking for a mandamus directing the first respondent to pass orders on the proposal submitted by the petitioner society dated 12.08.2016 under section 72(2) read with Rule 95 of the Tamilnadu Cooperative Societies Acts and Rules. 3.It is stated by the learned counsel appearing for the petitioner that for payment of dividend over and above 14%, the society has to obtain approval from the Government, for which purpose, the said representation was made on 12.08.2016 and the same is yet to be disposed of by the first respondent. 4.Considering the above stated facts and circumstances and without expressing any view on the claim made by the petitioner, I only direct the first respondent to consider the proposal of the petitioner dated 12.08.2016 and pass orders on the same on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar vri To

1. Secretary to Government, The Government of Tamilnadu, Food and Cooperation Consumer Protection Department, Fort St.George, Chennai-9.

2.The Registrar of Co-operative Societies, No.170, N.V.M. Malligai, Kilpauk, Chennai-10.

3.The Deputy Registrar of Co-operative Societies (Credit), Kuralagam, Chennai-108.

+1 cc to Mr.M.S.Palaniswamy Advocate sr 52361 +1 cc to Government pleader sr 52513 W.P.No.32291 of 2016 aa19/09/2016 https://hcservices.ecourts.gov.in/hcservices/