Madras High CourtWP/983/2016disposed of

The President v. The Chief Executive Officer

2016-01-11Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.1.2016 Coram The Hon'ble Mr. Justice M.M.SUNDRESH W.P.No.983 of 2016 and WMP.741 of 2016 The President The Marthandam Bee Keepers Cooperative Society Ltd. N0.2050 Vettuvenni Jn.

Marthandam 629 165 Kanyakumari (District) ... Petitioner vs.

1 The Chief Executive Officer Kadhi and Village Industries Board Kuralagam Chennai-9 2 The Regional Deputy Director Kadhi and Village Industries Madurai-10 3 The Assistant Director Kadhi and Village Industries Nagarcoil Kanyakumari (District) ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 1st respondent to order fresh section 81 enquiry under Tamilnadu Cooperative Societies Act on petitioners Reply/Representation dated 22.12.2015 on the file of the 1st respondent.

For Petitioners ..

Mr.P.Selvaraj For Respondents ..

Mr.R.Rajeswaran Additional Government Pleader

ORDER

In pursuant to the enquiry conducted under Section 81 of Tamil Nadu Co-operative Societies Act, 1983, a show cause notice was issued by 1st respondent under Section 88 of the Tamil Nadu Cooperative Societies Act, 1983. The petitioner has also given https://hcservices.ecourts.gov.in/hcservices/

its reply on 22.12.2015. In the said reply, the petitioner has sought for a re-enquiry under Section 81 of Tamil Nadu Cooperative Societies Act, 1983. Thereafter, the present writ petition has been filed seeking a direction to the respondent to order fresh enquiry under Section 81 of Tamil Nadu Cooperative Societies Act, 1983.

2. Much water has flown under the bridge. The petitioner has sought for re-enquiry only in pursuant to the notice issued under Section 88 of the Act dated 15.12.2015. Since it has to be considered by 1st respondent, it is suffice to direct the 1st respondent to pass appropriate orders in pursuant to the show cause notice issued dated 15.12.2015.

3. Therefore, writ petition is disposed of directing the 1st respondent to pass appropriate orders in pursuant to the show cause notice issued dated 15.12.2015 within a period of eight weeks from the date of receipt of a copy of this order. If the final order is against the petitioner, it is well open to it to work out his remedy as per law. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1 The Chief Executive Officer Kadhi and Village Industries Board Kuralagam Chennai-9 2 The Regional Deputy Director Kadhi and Village Industries Madurai-10 3 The Assistant Director Kadhi and Village Industries Nagarcoil Kanyakumari (District) +1cc to Mr.P.Selvaraj, Advocate, S.R.No.1915 +1cc to the Government Pleader, S.R.No.2249 W.P.No.983 of 2016 svi(CO) srg(21/01/2016) https://hcservices.ecourts.gov.in/hcservices/