R.Karunakaran v. The Registrar Of Co Operative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. Nos.39157 to 39160 of 2002 R.Karunakaran .. Petitioner in W.P.39157/2002 G.Sampath Kumar .. Petitioner in W.P.39158/2002 S.Venkatesan .. Petitioner in W.P.39159/2002 D.Radha Krishnan .. Petitioner in W.P.39160/2002 -vsThe Registrar of Co-operative Societies, N.V.N. Maligai, Kilpauk, Chennai-10.
The Joint Registrar of Co-operative Societies, Vellore Region, Vellore-1.
Vellore District Central Co-operative Bank Ltd., Vellore, .. Respondent Nos.
1 to 3 in all WPs C2610 Kandaneri Primary Kandaneri, Vellore District, .. Respondent No.4 in W.P.39157/2002 C2532 Munjurpattu Primary Munjur pattu, Vellore District.
Rep. by its Special Officer .. Respondent No.4 in W.P.39158/2002
C2088 Anicut Primary Anaicut, Vellore District, .. Respondent No.4 in W.P.39159/2002 C2557 Sathupalayam Primary Sathupalayam, Vellore District, .. Respondent No.4 in W.P.39160/2002 Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records relating to the impugned Circular in Na.Ka.No.184617/2000/Ma.Va.Ko.1 dated 22.11.2001 and the modified Circular R.C.No.184617/2000/CBP1 dated 03.01.2002 issued by the first respondent in so far as Clause 2 and 3 are concerned in so far as petitioner's Bank concerned and quash the same.
For Petitioners :
Mr.P.Krishnan For Respondents :
No Appearance * * * * * COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) The petitioners, claiming to be the Members of Co-operative Society seek to assail the Circular dated 22.11.2001 and the modified Circular dated 03.01.2002 passed by the first respondent in so far as the fourth respondents/Banks concerned. It is the say of the petitioners that in view of certain restrictions, the ability of the petitioners to make deposits with its Society seem to be affected.
2. We are faced with a piquant situation where as per the computer data, the matters have been shown as disposed of on 29.10.2002 and 05.07.2005 respectively, but no original order is available in the bundle. It is, this, which persuaded us to have a re-look at the records.
3. On hearing the learned counsel for the petitioners and perusal of the records, we find that these kind of petitions can hardly be said to be in the nature of public interest litigation. More over, the matter pertains to the fiscal discipline, which is required for complying with the obligations
and this is an issue best left to the authorities concerned.
4. We, thus, close the proceedings in the aforesaid terms. No costs.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Registrar of Co-operative Societies, N.V.N. Maligai, Kilpauk, Chennai-10.
2.The Joint Registrar of Co-operative Societies, Vellore Region, Vellore-1.
3.Vellore District Central Co-operative Bank Ltd., Vellore, 4.C2610 Kandaneri Primary Kandaneri, Vellore District, 5.C2532 Munjurpattu Primary Munjur pattu, Vellore District.
Rep. by its Special Officer 6.C2088 Anicut Primary Anaicut, Vellore District, 7.C2557 Sathupalayam Primary Sathupalayam, Vellore District, +1 cc to Mr.P.Krishnan Advocate sr 45408 W.P.No.39157 to 39160 of 2002 aa24/08/2016