Kishorekumar v. The Joint Registrar Of Co-Operative Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and W.M.P.No.32570 of 2022 in 1.Kishorekumar, M/40 S/o.Subramani Raja 2.S.M.Prabakaran, M/51 S/o.Manuvel 3.Subramani, M/56 S/o.Chengalvarayan 4.Ravichandran, M/53 S/o.Kesavan 5.Punitha, F/52 W/o.Dilli 6.Benjamin, M/51 S/o.Viswanathan.
... Petitioners -Vs.- 1.The Joint Registrar of Cooperative Societies Tiruvallur Region, Tiruvallur, Tiruvallur District.
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2.The Deputy Registrar of Cooperative Societies Ponneri Circle, Ponneri, Tiruvallur District.
... Respondents Prayer:
Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari calling for the entire records relating to the impugned order passed by the 1st respondent in her proceedings Na.Ka.2484/2018/A3, dated 08.11.2022 and quash the same. For Petitioner : Mr.C.Prakasam For Respondents : Mr.R.Neethiperumal, Government Advocate
O R D E R
In the captioned Writ Petition what has been called in question is notice issued by the first respondent being notice dated 08.11.2022 bearing reference Na.Ka.2484/2018/A3.
2.This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 09.12.2022. A scanned reproduction of the same is as follows: 2/8
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3.Adverting to the aforesaid proceedings, Mr.R.Neethiperumal, learned State Counsel submits that impugned proceedings erroneously refers to Section 36(1) whereas it is Section 36(2) as it is a notice. A perusal of Section 36(2) of 'The Tamil Nadu Co-operative Societies Act, 1983' ['said Act' for the sake of convenience and clarity] makes it clear that it is in nature of a show cause notice.
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4.Faced with the above situation, learned counsel Mr.C.Prakasam for the writ petitioners made submissions which turned on merits of the matter. These aspects have to be reserved qua writ petitioners response to the impugned notice which is effectively a show cause notice under Section 36(2) of the said Act. 5.The grounds on which a writ Court will interfere with show cause notice have been well settled by the Hon'ble Supreme Court in the case of Union of India and Another vs. Kunisetty Satyanarayana reported in (2006) 12 SCC 28 and Siemens Ltd., vs. State of Maharashtra and Others reported in (2006) 12 SCC 33. To be noted, there is no jurisdictional error as the impugned show cause notice has been issued by the first respondent (Joint Registrar) and there is no disputation or contestation that the Registrar has delegated powers to Joint Registrar in this regard vide G.O.(2D).No.109, Co-operation, Food and Consumer Protection Department, dated 31.08.2005 within the bounds of the said Act.
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6.If the writ petitioner chooses to respond to the impugned show cause notice, the first respondent shall consider the same on its own merits, in accordance with law and this order shall neither impede nor serve as an impetus qua such proceedings.
7.Captioned writ petition is disposed of as closed with the above observations. Consequently, connected WMP is also disposed of as closed. There shall be no order as to costs. 21.12.2022 Index: yes/no pgp To 1.The Joint Registrar of Cooperative Societies Tiruvallur Region, Tiruvallur, Tiruvallur District.
2.The Deputy Registrar of Cooperative Societies Ponneri Circle, Ponneri, Tiruvallur District.
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M.SUNDAR, J., pgp and W.M.P.No.32570 of 2022 in Dated : 21.12.2022 8/8