C.Palanisamy, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.04.2017

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR WP.No.43422 of 2016 and W.M.P.No.37281 of 2016 C.Palanisamy ..

Petitioner

Versus

1.The District Collector, Erode District, Erode.

2.The Joint Registrar of Co-operative Societies, Erode Region, Mohana Kumaramangalam Street, Surampatti, Erode.

3.The Deputy Registrar of Co-operative Societies, Erode Circle, Mohana Kumaramangalam Street, Surumpatti, Erode.

4.The President, AA.226, Modakurichi Primary Agricultural Co-operative Credit Society, Modakuruchi, Erode District.

5.C.Saravanan .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the 1st respondent from passing adverse orders against the petitioner in the capacity of the 4th respondent society in pursuant to the enquiry proceedings No.Pa.Vae.372/2016/C1, dated 26.11.2016.

For Petitioner :

Mr.C.Prakasam For R1 :

Mr.R.Govindasamy, Spl.Govt.Pleader For R2 to R4 :

Mr.V.Selvaraj, Addl.Govt.Pleader For R5 :

Mr.N.Manokaran

ORDER

The petitioner, in this writ petition, seeks for issuance of a Writ of Mandamus, forbearing the 1st respondent from passing adverse orders against the petitioner in the capacity of the 4th respondent society in pursuant to the enquiry proceedings No.Pa.Vae.372/2016/C1, dated 26.11.2016.

2. Today, when the matter is called, the learned counsel for the first respondent has filed the counter affidavit by stating that the petition was received from the members and the public on 25.11.2016 on the Agricultural Grievance Day Meeting which was held on 25.11.2016. Hence, preliminary enquiry was ordered whether there is any prima facie facts in the compliant petition against the petitioner herein. The public and petitioner herein along with the officials of the Co-operative Department and Agricultural Department were summoned to appear before the first respondent on 29.11.2016 with relevant documents. On that date, the above all were present including the petitioner and submitted their explanation before the first respondent. At this stage, the petitioner, without awaiting any order passed by the first respondent, has approached this Court.

3. The learned Special Government Pleader would also produce a letter dated 17.04.2017 before this Court sent by the first respondent to the Government Pleader by stating that after completing the enquiry, the aforesaid enquiry papers has been forwarded to the second respondent for taking further action.

4. By recording the said submission made by the parties, no further adjudication is required in this Writ Petition. Hence, this Writ Petition is dismissed. It is open to the concerned authorities to take action in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed. -s/dAssistant Registrar(CCC) True Copy Sub-Assistant Registrar nvi

To 1.The District Collector, Erode District, Erode.

2.The Joint Registrar of Co-operative Societies, Erode Region, Mohana Kumaramangalam Street, Surampatti, Erode.

3.The Deputy Registrar of Co-operative Societies, Erode Circle, Mohana Kumaramangalam Street, Surumpatti, Erode.

+1 cc to M/s.L.P.ShanmugaSundaram Advocate sr 23114 +1 cc to Mr.N.Manokaran Advocate sr 23207 +1 cc to Mr.C.Prakasam Advocate sr 23378 WP.No.43422 of 2016 and W.M.P.No.37281 of 2016 sal(co) aa24/04/2017