M.Shanthi v. The Registrar Of Cooperative Societies/
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.02.2024
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 33744 of 2023 M.Shanthi ... 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. 160, Shri Selvavinayaka Weaver's Cooperative Production and Sales Society Ltd., No. 59, Kolathupalayam, M.Pidariyur Post, Chennimalai - 638 051, Erode District.
4. The Manager, E.H. 160, Shri Selvavinayaka Weaver's Cooperative Production and Sales Society Ltd., No. 59, Kolathupalayam, M.Pidariyur Post, Chennimalai - 638 051, Erode District.
... Respondents 1/5
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Third Respondent not to allow the new members said to have been admitted by the Third Respondent himself on 13.10.2023 afternoon to act as members in the Third Respondent Society.
For Petitioner :
Mr. C.Prakasam For Respondents :
Mr. U.Baranidharan, Additional Government Pleader (for R1 and R2) Mr. E.Veda Bagath Singh, Special Government Pleader (for R3 and R4)
O R D E R
Heard Mr. C.Prakasam, Learned Counsel for the Petitioner Mr. U.Baranidharan, Learned Additional Government Pleader appearing for the Respondents and Mr. E.Veda Bagath Singh, Learned Special Government Pleader appearing for the Third and Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2/5
2.
The Petitioner, who claims to be a member of Cooperative Society of the Third Respondent, viz., E.H. 160, Shri Selvavinayaka Weaver's Cooperative Production and Sales Society Ltd., ventilates the grievance that the 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 Special Government Pleader appearing for the Third and Fourth Respondents, on instructions, states that the general body of the Co-operative Society of the Third Respondent in its meeting held on 13.10.2023 following the prescribed procedure under Section 21(2) of the TNCS Act, resolved not to admit any new member, and that the Administrator of the Third Respondent does not intend to admit any new member to that Co-operative Society. 4.
In view of the same, nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any other grievance to be redressed in the matter, she is not precluded from working out her rights before the proper forum in the manner recognized by law.
3/5
In the result, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs.
23.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 26.03.2024.
kv 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. 160, Shri Selvavinayaka Weaver's Cooperative Production and Sales Society Ltd., No. 59, Kolathupalayam, M.Pidariyur Post, Chennimalai - 638 051, Erode District.
4. The Manager, E.H. 160, Shri Selvavinayaka Weaver's Cooperative Production and Sales Society Ltd., No. 59, Kolathupalayam, M.Pidariyur Post, Chennimalai - 638 051, Erode District.
4/5
P.D. AUDIKESAVALU, J.
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