Muthuvel v. The Register Of Co- Operative Societies,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :21.10.2019 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Writ Petition No.29384 of 2019 and W.M.P.No.29225 of 2019 Muthuvel .. Petitioner /versus/ 1.The Register of Co-operative Societies, The Government of Tamil Nadu, No.170, NVN Maligai, EVR Salai, Kilpauk, Chennai.

2.The Joint Register of Co-operative Societies, Ramanathapuram.

3.The Assistant Register of Co-operative Societies, Ramanathapuram.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to dispose of the petitioner's appeal dated 22.10.2018 within the stipulated time prescribed by this Court.

For Petitioner :Mr.T.Muruganantham For Respondents :Ms.T.Girija, GA

O R D E R

The prayer in the writ petition is to issue a Writ of Mandamus directing the 1st respondent to dispose of the petitioner's appeal dated 22.10.2018 within the stipulated time prescribed by this Court.

2.The petitioner herein is presently the President of Arasur Primary Agriculture Co-operative Credit Society. Earlier while he was a member of the Society, proceedings under Section 1/2

81 of Co-operative Societies Act was initiated for misappropriation and shortage of fertilizer and he was removed from the post. Considering that the proceedings initiated under Section 81 of the Co-operative Societies Act and earlier removal is a disqualification to hold the post of the President at present. Hence, a show cause notice was issued to him on 04.02.2019. In the present writ petition, the petitioner herein states that the action taken against him under Section 81 is now subject matter of the appeal before the Registrar of Cooperative Society under Section 152(2)(a)(V) of the Co-operative Societies Act and therefore, the show cause notice has to be stayed pending disposal of the appeal dated 22.10.2018.

3. This Court is not inclined to stay the show cause notice since no adverse order is passed against the petitioner herein except calling him to submit his explanation regarding the alleged disqualification. However, since his appeal is pending with the first respondent from 22.10.2018, it is suffice to direct the first respondent to dispose of the appeal within a period of 12 weeks from today.

4. Accordingly, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Register of Co-operative Societies, The Government of Tamil Nadu, No.170, NVN Maligai, EVR Salai, Kilpauk, Chennai.

2.The Joint Register of Co-operative Societies, Ramanathapuram.

3.The Assistant Register of Co-operative Societies, Ramanathapuram.

+1 cc to M/s.T.Muruganantham,Advocate Sr.No. 88339 +1 cc to The Special Government Pleader SR.No.88205 AKM/22.11.19/2P-6C / W.P.No.29384 of 2019 2/2