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Madras High CourtWP/32450/2019disposed of

V.G.Chandhiran v. The Registrar,

2019-11-26Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.11.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.32450 of 2019 V.G.Chandhiran .. Petitioner /versus/ 1.The Registrar, The Registrar of Co-operative Society, Chepauk, Chennai-10 2.The Joint Registrar, Joint Registrar Office, Thiruvarur.

3.The Special Officer, Perumpannaiyur Co-operative Society, Kudaivasal, Thiruvarur District.

4.Mr.Rajamanickam The President Perumpannaiyur Co-operative Society, Kudaivasal, Thiruvarur District.

5.Mr.Singaravelu Office Assistant, Perumpannaiyur Co-operative Society, Kudaivasal, Thiruvarur District.

.. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to take appropriate action against the 4th and 5th respondents in view of the petitioner's representations dated 05.10.2019.

For petitioner : Mr.S.Arivazhagan For Respondents : Mr.D.Venkatachalam Addl.Govt.Pleader for R1 to R3

O R D E R

The petitioner herein has given a representation to the respondents 1 to 3 on 05.10.2019 requesting the authorities to take appropriate action against the respondents 4 and 5, for various irregularities committed by them as the President and office assistant, Perumpannaiyur Co-operative Society, Kudaivasal, Thiruvarur District. Certain serious irregularities leading to loss for Society has been listed in the representation of the petitioner dated 05.10.2019. Being aggrieved by inaction of the respondents, the present writ petition is filed.

2. However the learned Additional Government Pleader appearing for the respondents 1 and 2 submits that even before the receipt of the representation of the petitioner, the Joint Registrar of Co-operative Societies, Thiruvarur Region has initiated proceedings under Section 81 of the Tamil Nadu Cooperative Societies Act on 28.08.2019 and the enquiry is in progress.

3. Copy of the proceedings initiated 81 enquiry furnished by the learned Additional Government Pleader appearing for the respondents 1 and 2, this Court is satisfied that the representation of the petitioner dated 05.10.2019 has already been given effect by the proceedings of the Joint Registrar dated 28.08.2019 and therefore, nothing survives in this writ petition.

4. The learned counsel for the petitioner submits that in the course of 81 enquiry he may be given an opportunity to produce available records and documents with him to substantiate his complaint.

5. If the petitioner is having any material documents regarding misappropriation of funds by the respondents 4 and 5, he is at liberty to present the same to the Enquiry Officer. With the above observation, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CJ conf) //True Copy// Sub Assistant Registrar rpl To 1.The Registrar, The Registrar of Co-operative Society, Chepauk, Chennai-10

2.The Joint Registrar, Joint Registrar Office, Thiruvarur.

3.The Special Officer, Perumpannaiyur Co-operative Society, Kudaivasal, Thiruvarur District.

+1cc to M/s.S.Arivazhagan, Advocate SR.99037 +1cc to the Government Pleader SR.99407 W.P.No.32450 of 2019 CP(CO) CB(19/12/2019)