M.Saravanan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.10.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Saravanan ..
Petitioner Vs.
1. The State of Tamil Nadu Rep. by its Principal Secretary to Government Co-operation, Food and Consumer Protection Department Fort St. George, Chennai - 600 009.
2. The Registrar of Co-operative Societies NV Natarajan Maaligai No.170, EVR High Road Kilpauk, Chennai 600 010.
3. The Election Commission Tamil Nadu Co-operative Societies Election Commission Rep. by its Election Commissioner Kamadehnu Super Market, T.U.C.S. Bldgs.
273, Scheme Road, Subbarayan Nagar Teynampet, Chennai 600 018.
..
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents herein to issue suitable orders/circulars/directions directing the Administrators appointed to the Cooperative Societies, for conduct of the election, to indulging restrain from admission of new members and to proceed with the election process with existing member prior to the appointment of Administrators.
For the Petitioner : Mr.S.R.Rajagopal Senior Counsel for Mr.I.S.Inbadurai and Mr.L.P.Shanmugasundaram For the Respondents : Mr.J.Ravindran Additional Advocate General assisted by Mr.Karthik Jagannath Government Advocate for R1 & R2 Ms.M.Sneha for R3
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.S.R.Rajagopal, learned Senior Counsel for Mr.I.S.Inbadurai and Mr.L.P.Shanmugasundaram, learned counsel for the petitioner, Mr.J.Ravindran, learned Additional Advocate General assisted by Mr.Karthik Jagannath, learned Government Advocate for respondents 1 and 2 and Ms.M.Sneha, learned counsel for respondent 3.
2. Learned Senior Counsel appearing for the petitioner submits that the second respondent has proposed a General Body Meeting of the Cooperative Societies and in that, would induct Members. The same is not permissible.
3. General Body Meetings are with regard to particular Cooperative Societies. If the Cooperative Societies/Members are aggrieved, it is open for the concerned Cooperative Societies/Members to assail the same. However, as a public interest litigation, the same cannot be adjudicated.
4. With the aforesaid observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.30329 and 30330 of 2023 are closed. (S.V.G., CJ.) (D.B.C., J.) 20.10.2023 Index :
Yes/No :
Yes/No drm
To
1. The Principal Secretary to Government The State of Tamil Nadu Co-operation, Food and Consumer Protection Department Fort St. George, Chennai - 600 009.
2. The Registrar of Co-operative Societies NV Natarajan Maaligai No.170, EVR High Road Kilpauk, Chennai 600 010.
3. The Election Commissioner The Election Commission Tamil Nadu Co-operative Societies Election Commission Kamadehnu Super Market, T.U.C.S. Bldgs.
273, Scheme Road, Subbarayan Nagar Teynampet, Chennai 600 018.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 20.10.2023