Mahesh .T v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE T.Mahesh ... Petitioner /Vs./ 1.The Inspector General of Registration, No.170, E.Ve.Ra.Salai, Chennai - 600 010.

2.The Joint Registrar of Co-operative Societies, Collectorate Annex Office Buildings, Nagercoil, Kanyakumari District.

3.The District Registrar of Co-operative Societies, Kanyakumari District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 06.02.2021 in accordance with law, within a stipulated time period . For Petitioner :

Mr.C.Muthu Saravanan For Respondents :

Mr.P.Tilak Kumar Government Pleader

ORDER

This writ petition has been filed for a Mandamus, seeking for a direction to the respondents to consider the petitioner's representation dated 06.02.2021, in accordance with law, within the timeframe to be fixed by this Court.

2.The grievance of the petitioner is that in Kalkulam Vilavancode Taluk, Teachers Co-operative Thrift and Credit Society KV-116 Ltd., there are several irregularities committed. He has given several representations and the last representation was on 06.02.2021 to the respondents calling upon them to take action against the concerned persons, who have committed irregularities in the aforementioned Society. Since the representations have not been considered till date, this writ petition has been filed. 3.Heard Mr.C.Muthu Saravanan, learned counsel for the petitioner and Mr.P.Tilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents.

4.At the outset, the learned Government Pleader appearing for the respondents would submit that the petitioner has not arrayed all the necessary parties in this writ petition.

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5.No prejudice would be caused to the respondents, if the petitioner's representations, seeking for taking action against the irregularities committed in the aforementioned Society, are considered on merits and in accordance with law, after hearing all the necessary parties, including those persons, against whom the petitioner has alleged irregularities.

6.As seen from the affidavit filed in support of this writ petition, earlier, an internal enquiry was conducted. But, the said internal enquiry was not conducted properly by the respondents. It is also stated that the petitioner has been made to run from pillar to post for the purpose of redressing his grievance. 7.After giving due consideration to the contents of the affidavit filed in support of this writ petition, this Court is of the considered view that no prejudice would be caused to the respondents or any other person, if the representations of the petitioner, seeking for investigation with regard to the alleged irregularities in Kalkulam Vilavancode Taluk, Teachers Co-operative Thrift and Credit Society KV-116 Ltd., are considered on merits and in accordance with law.

8.For the aforementioned reasons, this Court directs the third respondent to consider the petitioner's representations including the last representation dated 06.02.2021 seeking for legal action in respect of irregularities committed in Kalkulam Vilavancode Taluk, Teachers Co-operative Thrift and Credit Society KV-116 Ltd., and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner as well as the other necessary parties, including the persons, who are alleged to have committed irregularities, within a period of four (4) months from the date of receipt of a copy of this order.

9.With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 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.

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To 1.The Inspector General of Registration, No.170, E.Ve.Ra.Salai, Chennai - 600 010.

2.The Joint Registrar of Co-operative Societies, Collectorate Annex Office Buildings, Nagercoil, Kanyakumari District.

3.The District Registrar of Co-operative Societies, Kanyakumari District.

+1 CC to M/s.C.MUTHU SARAVANAN, Advocate ( SR-6149[F] dated 15/02/2022 ) +1 CC to M/s.SPL GP ( SR-6526[F] dated 16/02/2022 ) 14.02.2022 AP(26.02.2022) 3P 6C 3/3