E2034, Vriddhachalam Co-Operative v. The Deputy Registrar Of Co-Operative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.12.2019 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.33669 of 2019 & WMP.No.34130 of 2019 E2034 Vriddhachalam Co-operative Building Society Ltd., NRS Building Erikkarai Street, Vriddachalam-606001 Cuddalore District. Rep. by its Secretary S.Kumaran

...Petitioner

Vs 1.The Deputy Registrar of Co-operative Societies (Housing), Cuddalore Region, O/o.Regional Co-operative Societies (Housing), South Kavarai Street, Manjakuppam, Cuddalore 2.The Enquiry Officer/Co-operative Sub-Registrar (HMS) Regional Co-operative Housing Societies, South Kavarai Street, Manjakuppam, Cuddalore

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the first respondent culminating in passing of the impugned proceedings in Na.Ka.869/2019/ Na.Ve.Va dated 18.10.2019 and quash the same.

For Petitioner :

Mr.P.P.Shanmugasundaram For Respondents:

Ms.T.Girija, GA

ORDER

Ms.T.Girija, learned Government Advocate accepts notice for the respondents. Heard both.

2. The petitioner has impugned the notice issued by the respondent under Section 82 of the Tamil Nadu Cooperative Societies Act, 1983.

3. Admittedly, the enquiry proposed to be conducted is a fact finding enquiry and is not directed against any particular individual. Therefore, the petitioner society, represented by https://hcservices.ecourts.gov.in/hcservices/

its elected body, should cooperate with the enquiry proceedings and there is no ground to challenge such proceedings by filing a writ petition. For such a reason, it is held that the writ petition is not maintainable.

4. Accordingly, the writ petition is dismissed. However, it is open to the petitioner society to place all the materials before the Enquiry Officer including the resolution passed by the elected board. No costs. Consequently, the connected WMP is also dismissed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Deputy Registrar of Co-operative Societies (Housing), Cuddalore Region, O/o.Regional Co-operative Societies (Housing), South Kavarai Street, Manjakuppam, Cuddalore 2.The Enquiry Officer/Co-operative Sub-Registrar (HMS) Regional Co-operative Housing Societies, South Kavarai Street, Manjakuppam, Cuddalore +1cc to Mr.P.P.Shanmugasundaram , Advocate SR.No. 100516 +1 cc to Spl Government Pleader Co op Sr.No. 100696 WP.No.33669 of 2019& WMP.No.34130 of 2019 A.SK(07/01/2020) https://hcservices.ecourts.gov.in/hcservices/