← Library
Madras High CourtWP/25549/2018dismissed

K.Govindarajan v. The Deputy Registrar Of Co-Op Societies,

2018-09-28Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No.25549 of 2018 and W.M.P.No.29716 of 2018 K.Govindarajan ... Petitioner ..Vs..

1.The Deputy Registrar of Co-op Societies, Vellore Region, Thirupattur, 2.The Joint Registrar of Co-op Societies, Vellore Region, Thirupattur, 3.The Management of C.1363, Kalanthira Chettiapannur Primary Agricultural Co-op Credit Society Ltd., Rep by its President, Kalanthir Chettiapannur, Vaniyambadi Taluk, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records in Proceedings/Summons No.Ta.Tee.2/201819/Sa.Pa. dated 23.05.2018 issued by the 1st respondent and quash the same as illegal.

For Petitioner : Mr.k.Sasindran For Respondents : Mr.L.P.Shanmugasundaram, Special Government Pleader.

O R D E R

This writ petition has been filed challenging the show cause notice issued under Section 87 of the Tamil Nadu Cooperative Societies Act.

2. The grievance of the petitioner is that while issuing show cause notice, the enquiry officer did not furnish the report filed under Section 81 the Tamilnadu Co-operative Societies Act, which is basic for initiating proceedings under Section 87 of the Act.

3.The learned counsel appearing for the petitioner submits that there are lot of irregularities in conducting the enquiry under Section 81 of the Act. and the procedure contemplated under the Act has not been complied with.

4. I have heard the learned counsel appering for the petitioner and the learned Special Government Pleader appearing for the respondents.

5. Now, in the present writ petition, the petitioner has challenged the show cause notice issued under Section 87 of the Tamilnadu Co-operative Societies Act. The grievance of the petitioner is that enquiry report under Section 81 has not been given to him. If it is so, the petitioner could approach the Enquiry Officer on the date fixed by him, and made a request for the copy of the report, in that event, the Enquiry Officer is directed to furnish the copy of the enquiry report and other documents, which is relevant for the enquiry to the petitioner.

5. Accordingly, this Writ Petition is dismissed. However, the petitioner is directed to appear before the Enquiry Officer on the date fixed by him, and the Enquiry Officer is directed to furnish the copy of the enquiry report and other documents, which is relevant to the enquiry, to the petitioner. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar mrp/mbi To 1.The Deputy Registrar of Co-op Societies, Vellore Region, Thirupattur, 2.The Joint Registrar of Co-op Societies, Vellore Region, Thirupattur,

3.The Management of C.1363, Kalanthira Chettiapannur Primary Agricultural Co-op Credit Society Ltd., Rep by its President, Kalanthir Chettiapannur, Vaniyambadi Taluk, +1cc to Mr.K.Sasindran, Advocate SR.No.67538 +1cc to Government Pleader SR.No.67826 W.P.No.25549 of 2018 and W.M.P.No.29716 of 2018 GMY(05/10/2018)