A.Sriraman, v. The Deputy Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2016

CORAM

THE HON'BLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.4825 of 2016 & W.M.P.No.4169 of 2016 A.Sriraman [ PETITIONER ] Vs 1 The Deputy Registrar of Co-operative Societies (Non-Credit) II Floor Kuralagam, Chennai-600 108.

2 The Board of Directors The Washermanpet Co-operative Stores Ltd. XNC-589 Old No.91/2 New No.246 P.A.N.Rajarathinam Road Chennai-600 021.

[ RESPONDENTS ] Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records of the respondents particularly that of the 1st respondent in proceedings Na.Ka. 191/2016/Sa.Pa.1(1) dated 03.02.2016 that was received by the petitioner on 04.02.2016 by invoking provisions under Rule 62(3) of the Tamil Nadu Cooperative Societies Rules convening Special Meeting of the Board of Directors on 11.02.2016 at 11.30 am in the premises of the above society and quash the same as illegal unlawful without jurisdiction.

For Petitioner .. Mr.T.S.Rajamohan For Respondents .. Mr.Bala Ramesh Additional Govt.Pleader ***********

O R D E R

Heard Mr.T.S.Rajamohan, learned Counsel appearing for the petitioner and Mr.Bala Ramesh, learned Additional Government Pleader accepting notice for the respondents and with their consent, the Writ Petition is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/

2.The petitioner who is the President of Co-operative Socities has challenged the notice issued by the first respondent dated 03.02.2016, calling upon the petitioner to participate in a Special Meeting to be convened on 11.02.2016 at 11.30 a.m., based on a requisition made by eight members of the Managing Committee.

3.The learned counsel for the petitioner submitted that the representation given by the eight members of the Managing Committee dated 18.01.2016, is bereft of particulars and there is no specific allegation.

4.In my view, at this stage of the matter, such issue cannot be gone into, since procedurally the first respondent has followed Rule 62 of the Tamil Nadu Co-operative Societies Rules 1988. Therefore, if at all the petitioner has any grievance, he has to agitate the same in the meeting to be convened on 11.02.2016. Therefore, no grounds have been made to quash the impugned notice.

According the Writ Petition fails and the same is dismissed. However, the dismissal of the Writ Petition will not prejudice the petitioner from raising all contentions at the time when the meeting is convened on 11.02.2016. No costs. Consequently, connected Miscellaneous Petition is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar rpa To 1 The Deputy Registrar of Co-operative Societies (Non-Credit) II Floor Kuralagam, Chennai-600 108.

2 The Board of Directors The Washermanpet Co-operative Stores Ltd. XNC-589 Old No.91/2 New No.246 P.A.N.Rajarathinam Road Chennai-600 021.

+1 cc to Mr.T.S.RajaMohan Advocate sr.8669 W.P.No.4825 of 2016 aa10/02/2016 https://hcservices.ecourts.gov.in/hcservices/