A477.A.Andipatti Primary Agricultural Co-Op Society v. The Registrar Of Co-Operative Societies

W.P.(MD) No.685 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.685 of 2022 and W.M.P.(MD)No.544 of 2022 A477. A. Andipatti Primary Agricultural Co-op Credit Society, Rep. by its President, S.Pragalathan ... Petitioner vs.

1.The Registrar of Co-operative Societies, No.170, E.V.R.Road, Dr.Radhakrishnan Nagar, Arumbakkam, Chennai-600 106.

2.The Joint Registrar of Co-operative Societies, Madurai District, Madurai.

3.The Deputy Registrar of Co-operative Societies, Usilampatti, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents from dissolute or supersede the petitioner society by virtue of the proposed amendment to the Tamil Nadu Co-operative Societies Act, 1983.

For Petitioner : Mr.P.R.Prithviraj For Respondents : Mr.P.Thilakkumar Government Advocate

O R D E R

Heard Mr.P.R.Prithviraj, learned counsel for the petitioner and Mr.P.Thilakkumar, learned Government Advocate, who had taken notice on behalf of all the respondents.

2.No order can be passed in the writ petition, since a Mandamus is sought seeking a nature of relief that this Court should forbear the respondents and I am not able to understand which one of the three respondents should be forbeared from dissolving or superseding the petitioner's society.

3.It is claimed that Section 33 (10) has been introduced in the Tamil Nadu Co-operative Societies Act, whereby, the tenure of an Elected Board had been reduced from 5 years to three years. The petitioner claims that they have been elected on 11.03.2020, but https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.685 of 2022 still apprehend that the said provision would be imposed on them and their functioning would be interfered with.

4.I am not able to understand the ground for such apprehension. The writ petition has no legs to stand and a Mandamus will not lie. The writ petition stands dismissed. If the petitioner is ever aggrieved, they must first question the said amendment and thereafter, question any action taken pursuant to such amendment. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) sji Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Registrar Co-operative Societies, No.170, E.V.R.Road, Dr.Radhakrishnan Nagar, Arumbakkam, Chennai-600 106.

2.The Joint Registrar of Co-operative Societies, Madurai District, Madurai.

3.The Deputy Registrar of Co-operative Societies, Usilampatti, Madurai District.

+1 CC to M/s.SPL.GP ( SR-2021[F] dated 21/01/2022 ) W.P.(MD) No.685 of 2022 19.01.2022 MGJ(04.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2