P.Thanapal v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU P.Thanapal ..
Petitioner Vs.
1. Union of India Rep. By Home Secretary Ministry of Home Affairs North Block, New Delhi 110 001.
2. The Additional Secretary & The Central Registrar of Cooperative Societies Ministry of Co-operation Floor I, Atal Akshay Urja Bhawan Lodhi Road, CGO Complex New Delhi 110 003.
3. The Chairman Repatriate Cooperative Finance and Development Bank (REPCO Bank) No.33, North Usman Road T.Nagar, Chennai 600 017.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the 2nd respondent to
consider and dispose of petitioner's representation dated 07.07.2023 requesting to take necessary action against 3rd respondent for not implementing 97th Amendment of the Constitution of India and also to implement the conditional certificate of Registration of amendment of byelaw No.30(A) & 39(A) until then Amendment to 30(A) & 39(A) of 3rd respondent bye-law has to be withdrawn and registration certificate dated 15.04.2021 issued by Central Registrar (2nd respondent herein) has to be withheld immediately.
For the Petitioner : Mr.B.Ullasavelan For the Respondents : Mr.AR.L.Sundaresan Additional Solicitor General Assisted by Mr.Venkataswamy Babu Senior Panel Counsel for Respondents 1 & 2 Mr.Om Prakash Senior Counsel For Mr.A.Ilangovan for respondent 3
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner seeks a direction to the second respondent to dispose of his representation seeking to take action against the third respondent for not implementing 97th Amendment of
Constitution of India and to implement the conditional certificate of Registration of amendment of bye-law Nos.30(A) & 39(A) until then Amendment to 30(A) & 39(A) of 3rd respondent bye-law has to be withdrawn and registration certificate dated 15.04.2021 issued by Central Registrar (2nd respondent herein) has to be withheld immediately.
2. Learned Additional Solicitor-General submits that in view of the decision of the Larger Bench in K.Marappan v. The Deputy Registrar of Cooperative Societies [(2006) 4 CTC 689], the writ petition is not maintainable. He further submits that the writ petitioner is not a member of the Cooperative Society and if at all the petitioner has any grievance, the same can be agitated before the appropriate forum under the provisions of the Act.
3. Learned Additional Solicitor-General, relying upon paragraph 10 of the affidavit, wherein it is stated that 97th amendment of the Constitution of India has been incorporated in the Multi-State Cooperative Societies (Amendment) Act, 2023 and the Rules made thereunder and have already been notified and vide Circular No.L-
11012/06/2023-L&M dated 16.10.2023 and 05.02.2024, all the MultiState Cooperative Societies are directed to amend their existing byelaws to bring them in consistent with amended Act and Rules.
4. In view of the above, it is for the petitioner to redress his grievance before the appropriate forum. With the above observation, the writ petition stands disposed of. There shall be no order as to costs.
(D.K.K., ACJ.) (K.B., J.) 25.07.2024 Index :
Yes/No Yes/No kpl To
1. The Home Secretary Ministry of Home Affairs North Block, New Delhi 110 001.
2. The Additional Secretary & The Central Registrar of Cooperative Societies Ministry of Co-operation Floor I, Atal Akshay Urja Bhawan Lodhi Road, CGO Complex New Delhi 110 003.
3. The Chairman Repatriate Cooperative Finance and Development Bank (REPCO Bank) No.33, North Usman Road T.Nagar, Chennai 600 017.
D.KRISHNAKUMAR, ACJ, AND K.KUMARESH BABU,J.
(kpl) 25.07.2024