L.Sumithra v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and W.M.P.No.34187 of 2022 1.L.Sumithra 2.C. Selvam 3.P. Murugesan 4.A. Boopalan 5.V. Setukumar 6.Theerthan 7.L. Murugesan 8.Vellaiyan 9.C. Duraisamy 10.P. Chinnaiyan .. Petitioners Vs 1.The District Registrar (Co-operative) District Co-operative Society, 410, 4th floor Collectorate Office, Salem.
2.The Deputy Registrar (Co-operative), Co-operative Societies, Athur, Salem District.
3.S-1560 Chinna Kalrayan Lamp Co-operative Society Represented by its Secretary, Karumandurai, Salem District.
4.The Rent Fixation Committee Represented by its Member, S-1560, Chinna Kalrayan Lamp Co-operative Society Karumandurai, Salem District.
5.P.Ashok Kumar 1/14
6.A.Poopathi 7.A.Angammal 8.A.Sindhamani 9.C.Samykannu 10.A.Aandi 11.S.Palanisamy 12.T.Sivaraman 13.V.Mohan 14.Sadayan 15.Arulprakash 16.T.Venkatesan 17.Chinnamani 18.T.Chinraj .. Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records pertaining to the selection of the respondents 5 to 18 as successful bidders to the shop Nos. 1 to 14 belongs to S.1560 Chinnakalrayan Lamp Co-operative Society, Chinnakalrayan Hill Vadaku Nadu Village Panchayat, Pethanaickanpalayam Union on 30.11.2022 pursuant to the Public auction notification issued in Tamil news daily published by the 4th respondent on 12.11.2022 quash the same and direct the respondents 1 to 4 to issue fresh public auction notification for the said shops. For Petitioners :
Mr.K.R.Tamilmani for Mr.T.L.Thirumalaisamy For Respondents :
Mr.S.Ravikumar Special Government Pleader for R1 & R2 Mr.T.K.Saravanan Government Advocate for R3 & R4 2/14
ORDER
This common order will now govern the captioned writ petition and captioned writ miscellaneous petition (WMP) thereat. 2.
The captioned writ petition pertains to an auction conducted by a co-operative society which goes by the name 'S1560 Chinna Kalrayan Lamb Co-operative Society' (erroneously spelt as 'Lamp' in the cause title) (hereinafter referred to as 'said Society' for the sake of convenience and clarity). To be noted, said Society is at Chinnakalrayan Malai, Salem District. 3.
Mr.K.R.Tamilmani, learned counsel appearing on behalf of the counsel on record for writ petitioners submitted that the subject matter pertains to auction of 14 small shops situated in Peddhanaickenplayam Taluk, Vadakku Nadu Village, Chinnakalvarayan Malai in Salem District. This Court is informed that these 14 shops admeasure 192 sq ft. or thereabouts (each). 4.
A typical auction notice was published in one of the Tamil dailies together with the conditions and the amended conditions are as follows:
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5.
To be noted, there are two sets of conditions, 6/14
one is original conditions of auction and the other is amended conditions of auction.
6.
It is submitted that 30.11.2022 (Wednesday) was fixed as the date for public auction after tenders were collected upto 29.11.2022.
7.
The crux and gravamen of the complaint of the writ petitioners is that out of 14 shops, auction was actually conducted for six shops whereas for the remaining 8 shops, there was no public auction but allotments to respondents 5 to 18 have been made owing to some local interference and other considerations.
8.
Mr.S.Ravikumar, learned Special Government Pleader accepted notice for respondents 1, 2 and Mr.T.K.Saravanan, learned Government Advocate accepted notice for respondents 3, 4.
9.
As regards the private respondents (respondents 5 to 18), as learned counsel for writ petitioners now submits that it will suffice if the representation dated 05.12.2022 sent by the first writ petitioner on her behalf and on behalf of the other writ petitioners is enquired into by the first respondent, it will suffice to 7/14
say that the first respondent has to put private respondents 5 to 18 on notice while conducting the enquiry. This protects all the rights of respondents 5 to 18 and none of their rights are determined vide this order.
10.
As regards the complaint, both the learned State counsel produced records, they having been instructed by Secretary of the said Society. A perusal of the records shows that with regard to shops 7 to 14, though bids were submitted, the bidders did not come forward to participate in the auction. This prima facie impels this Court to accede to the prayer of the writ petitioners i.e., abridged prayer referred to supra. The amended auction condition talks about participation by any member across the board dehors the position as to whether the member is a Scheduled Tribe or not. This Court is informed that byelaws of the said Society were amended in 1989 to the effect that only persons hailing from Scheduled Tribes can become members of said Society. It is also submitted by both the learned State counsel on instructions that the entire auction procedure was videographed. Before writing the operative portion of this order, this Court deems it appropriate to extract and reproduce the aforementioned 05.12.2022 representation. A scanned reproduction of the same is as follows: 8/14
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11.
In the light of the narrative, discussion and dispositive reasoning thus far (articulated supra), the following order is made:
(a) The first respondent is directed to conduct an enquiry inter alia under Section 82 of the Tamil Nadu Co-operative Societies Act, 1983 qua 05.12.2022 representation and take a decision as expeditiously as the business of the first respondent would permit and in any event within six weeks from today i.e., on or before 13.02.2023;
(b) In the course of this enquiry, the fist respondent shall look into the records, the videograph of the proceedings and also put respondents 5 to 18 (private respondents) on notice;
(c) Though obvious ten petitioners shall also be put on notice.
12.
All the records and the videograph shall be deposited with the first respondent forthwith and in any event by day after tomorrow i.e., by 04.01.2023 forenoon. 12/14
13.
Captioned writ petition is disposed of with the aforementioned directives. There shall be no order as to costs. Consequently, captioned WMP is disposed of as closed. 02.01.2023 Index : Yes/No mmi To 1.The District Registrar (Co-operative) District Co-operative Society, 410, 4th floor Collectorate Office, Salem.
2.The Deputy Registrar (Co-operative), Co-operative Societies, Athur, Salem District.
3.The Secretary, S-1560 Chinna Kalrayan Lamb Co-operative Society , Karumandurai, Salem District.
4.The Member, Rent Fixation Committee S-1560, Chinna Kalrayan Lamb Co-operative Society Karumandurai, Salem District.
M.SUNDAR,J., mmi 13/14
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