M.Eswaramoorthy v. The Registrar Of Co-Operative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 31556 of 2023 M.Eswaramoorthy ... Petitioner -vs1. The Registrar of Cooperative Societies/Director of Handloom, Kuralagam, Chennai.

2. The Assistant Director of Handloom, Bhavani Road, Erode.

3. The Administrator, E.H.132, Vengamedu Weavers Cooperative Sales Society, Arachalur Road, Chennimalai, Erode District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to consider and pass orders on merits by disposing the written representation made by the Petitioner on 30.10.2023 within a stipulated time fixed by this Court. 1/4

For Petitioner :

Mr. C.Prakasam For Respondents :

Mr. U.Baranidharan, Additional Government Pleader

O R D E R

Heard Mr. C.Prakasam, Learned Counsel for the Petitioner and Mr. U.Baranidharan, Learned Additional Government Pleader, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner, who claims to be the member of Cooperative Society of the Third Respondent viz., E.H.132, Vengamedu Weavers Co-operative Sales Society, ventilates the grievance that the Special Officer/Administrator of the Third Respondent is admitting new members into that Co-operative Society in violation of the provisions of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as 'the TNCS Act' for short). 3.

Learned Additional Government Pleader appearing for the Respondents, on instructions, states that it was resolved not to admit any new member in the meeting of the general body of the Co-operative Society of the Third Respondent held on 12.10.2023 following the prescribed procedure under 2/4

Section 21 (2) of the TNCS Act, and that the Special Officer/Administrator of the Third Respondent neither has nor intends to admit any new member to that Co-operative Society.

4.

In view of the same, nothing remains for consideration in the Writ Petition, but if the Petitioner has any other grievance to be redressed in the matter, he is not precluded from working out his rights before the proper forum in the manner recognized by law.

In the result, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs. 09.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 31.01.2024.

vjt 3/4

P.D. AUDIKESAVALU, J.

vjt To

1. The Registrar of Cooperative Societies/Director of Handloom, Kuralagam, Chennai.

2. The Assistant Director of Handloom, Bhavani Road, Erode.

3. The Administrator, E.H.132, Vengamedu Weavers Cooperative Sales Society, Arachalur Road, Chennimalai, Erode District.

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