Salem District Co Op Societies v. Registrar Of Co Op Societies,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.NO.15631 OF 2003

1. Salem District Co-op. Societies Employees Union (CITU) (Regn. No.236/78/SLM) Rep. By its General Secretary No.2, Vidyalaya Road, Salem - 636 007.

2. R.Krishnan Secretary P.N.Patti Veerakkal Pudur Primary Agricultural Co-operative Bank Karuppu Reddiyur Post, Mettur Taluk, Salem District, Pincode - 636 404.

... Petitioners Vs.

1. Registrar of Co-operative Societies EVR Periyar High Road, Kilpauk, Chennai - 600 010.

2. Joint Registrar of Co-operative Societies 24, Ramakrishna Road, Salem - 636 007.

3. Special Officer Salem District Central Co-operative Bank Cherry Road, Salem - 636 001.

4. Joint Registrar of Co-operative Societies Namakkal Collectorate 2nd Floor, Namakkal - 637 003.

5. The Secretary to Government Co-operation, Food and Consumer Department Government of Tamil Nadu

Secretariat, Chennai - 600 009.

(RR4 and 5 impleaded as per order dated 03.03.2005 in WMP No.5829/2005) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India by with a prayer to issue a Writ of Certiorari, to call for the concerned records relating to impugned circular no.RC No.184617/2000/CBP-1 dated 24.04.2003 (Ex-A) issued by the 1st respondent , Registrar of Co-operative Societies read with Circulars bearing No.Su.No.21/2003-A.4Na.Ka.No.162/98 A.4 dated 09.05.2003 (Ex-B) of the 3rd respondent and Su.No.24/2003/A.4-Na.Ka.No.162/98 A.4 dated 16.05.2003 (ExC) of the 3rd respondent and quash the same as being illegal, arbitrary and unconstitutional.

For Petitioners :

Mr.C.K.Chandrasekkar For Respondent-1 :

Ms.T.Girija Government Advocate For Respondent-3 :

Mr.M.R.Raghuram

O R D E R

The Registrar of Co-operative Societies, the first respondent herein, had passed an order dated 24.04.2003, which reads as follows:

"PACBs whose owned funds are Rs.20 lakhs and above may accept term deposits from members. However, the PACBs falling under the following categories are not allowed to accept term deposits though their owned funds is Rs.20 lakhs and above.

1.Unviable PACBs 2.PACBs with cover deficit in Cash Credit 3.PACBs having establishment cost at above 2% of loan outstanding less over due.

4.PACBs not maintaining fluid resources."

2. Challenging the said order, Union and the Cooperative Societies have filed the present writ petition.

3. When the matter was taken up for hearing, it is brought to the notice of this Court by the learned Government Advocate that the said circular dated 24.04.2003 has subsequently been revised by circular dated 11.03.2011, wherein the liability criteria has been reduced.

4. In view of the above, the present writ petition is dismissed as infructuous. No costs.

s/d- Assistant Registrar(CS-VI) //True Copy// Sub-Assistant Registrar To

1. Registrar of Co-operative Societies EVR Periyar High Road, Kilpauk, Chennai - 600 010.

2. Joint Registrar of Co-operative Societies 24, Ramakrishna Road, Salem - 636 007.

3. Special Officer Salem District Central Co-operative Bank Cherry Road, Salem - 636 001.

4. Joint Registrar of Co-operative Societies Namakkal Collectorate 2nd Floor, Namakkal - 637 003.

5. The Secretary to Government Co-operation, Food and Consumer Department Government of Tamil Nadu Secretariat, Chennai - 600 009.

+1 CC to M/s. Rwo & Reddy, Advocate sr 2346 +1 CC to The Govt. Pleader sr 2641 W.P.NO.15631 OF 2003 cp(co) sp/31/1