V.Karunanidhi, President, v. The Registrar Of Co-Op
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2018 CORAM :
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P (MD) No .3728 of 2018 and WMP(MD)No.3877 of 2018 1.V.Karunanidhi President, S/o.Varaiya TY.SPL.64 Alangudi Mahajanam Primary Agricultural Cooperative and Thrift Society, Lalkudi Taluk, Tiruchirapalli District.
2.K.Baulraj Director, TY.SPL.64 Alangudi Mahajanam Primary Agricultural Cooperative and Thrift Society, Lalkudi Taluk, Tiruchirapalli District.
3.J.Vetrikondan S/o.Jayaraj Director, TY.SPL.64 Alangudi Mahajanam Primary Agricultural Cooperative and Thrift Society, Lalkudi Taluk, Tiruchirapalli District.
4.B.Karunamudi S/o.Balasubramanian, Director, TY.SPL.64 Alangudi Mahajanam Primary Agricultural Cooperative and Thrift Society, Lalkudi Taluk, Tiruchirapalli District.
5.M.Kavitha W/o.Mudiarasan, Director, TY.SPL.64 Alangudi Mahajanam Primary Agricultural Cooperative and Thrift Society, Lalkudi Taluk, Tiruchirapalli District.
6.Manimegalai, W/o.Sakthivel, Director, TY.SPL.64 Alangudi Mahajanam Primary Agricultural Cooperative and Thrift Society, Lalkudi Taluk, Tiruchirapalli District.
.. Petitioners Vs.
1.The Registrar of Cooperative Societies, Tiruchirapalli.
2.The Joint Registrar of Cooperative Societies, Tiruchirapalli.
3.The Cooperative Sub Registrar/Field Officer, Pullambadi, Alangudi, Tiruchirapalli.
4.N.Balaji S/o.Natarajan Vice President, TY.SPL.64 Alangudi Mahajanam Primary Agricultural Cooperative and Thrift Society, Lalkudi Taluk, Tiruchirapalli District.
5.D.Banumathi W/o.Dhanaraj Director, TY.SPL.64 Alangudi Mahajanam Primary Agricultural Cooperative and Thrift Society, Lalkudi Taluk, Tiruchirapalli District.
6.Pushpam W/o.Late Kandan Director, TY.SPL.64 Alangudi Mahajanam Primary Agricultural Cooperative and Thrift Society, Lalkudi Taluk, Tiruchirapalli District.
... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Certiorari calling for the records of the second respondent herein in Na.Ka.No.699/2018/SP dt.14/02/2018 and quash the same.
For Petitioners : Mrs.AL.Ganthimathi For Respondents : Mr.Aayiram K.Selvakumar 1 to 3 Additional Government Pleader
ORDER
This writ petition has been filed challenging the show cause notice issued by the second respondent under Section 88 of the Tamil Nadu Cooperative Societies Act, 1983.
2.The learned counsel appearing for the petitioners has vehemently contended that the respondents have no jurisdiction to issue the impugned notice, as there is no persistent default committed by the Board.
3.Admittedly, the petitioners have only challenged the show cause notice issued by the second respondent, calling for the petitioners' objections, relating to the enquiry initiated against them under Section 88 of the Tamil Nadu Cooperative Societies Act, 1983. If the petitioners have any valid objection for the same, it is always open to them to file their objections before the second respondent. Further, the second respondent is the only authority competent to issue show-cause notice and the petitioners also did not challenge the jurisdiction. Under the said circumstances, the writ petition, challenging the show cause notice is not maintainable. Hence, this writ petition is dismissed. However, the petitioners are directed to file their objections, if any, before the second respondent. On filing such objections, the second respondent is directed to consider the same and pass orders on merits and in accordance with law. No costs. Consequently, WMP(MD) No.3877 of 2018 is closed.
Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Registrar of Cooperative Societies, Tiruchirapalli.
2.The Joint Registrar of Cooperative Societies, Tiruchirapalli.
3.The Cooperative Sub Registrar/Field Officer, Pullambadi, Alangudi, Tiruchirapalli.
+One cc to Mr.AL.Ganthimathi, Advocate, SR.No.50627 +One cc to The Special Government Pleader, SR.No.50983 mj RL/6C/2P/KKR/SAR2/9/3/2018 W.P (MD) No .3728 of 2018 22.02.2018