Alphones v. The Regional Joint Registrar Of Co-Operative Society

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.3265 of 2023 Alphones ... Petitioner Vs.

1.The Regional Joint Registrar of Co-operative Society, Kanyakumari Region, Collector Office New Building, 2nd Floor, Nagercoil, Kannyakumari District.

2.The Deputy Registrar of Co-Operative Society, Thuckalay Circle, Nagercoil, Kannyakumari District.

3.The Filed Officer / Co-Operative Registrar, 3921, Pechiparai Primary Agricultural Co-Operative Society, Pechiparai Post, Kanniyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned notice issued by the 2nd respondent herein in his proceedings vide Na.Ka. No.6571/2022/Sapa dated 23.01.2023 and quash the same and thus render justice.

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For Petitioner : Mr.Aayiram K.Selvakumar For Respondents : Mr.A.Sivanu Pandian, Government Advocate.

ORDER

Heard the learned counsel on either side.

2.The petitioner questions the impugned notice issued under Section 87 of the Tamil Nadu Cooperative Societies Act.

2.The learned counsel for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition. He would state that the sums withdrawn by the petitioner from the society funds represented payment of counsels' fees. There is considerable force in the petitioner's counsel's contention. But then, this can very well be urged before the enquiry officer. It is not necessary for the Writ Court to adjudicate the issue on merits at this stage itself.

3.Granting liberty to the petitioner to place all his contentions before the enquiry officer, the writ petition is disposed of. I make it clear that I have not 2/4

gone into the merits of the matter. No costs. Consequently, connected miscellaneous petition is closed.

22.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The Regional Joint Registrar of Co-operative Society, Kanyakumari Region, Collector Office New Building, 2nd Floor, Nagercoil, Kannyakumari District.

2.The Deputy Registrar of Co-Operative Society, Thuckalay Circle, Nagercoil, Kannyakumari District.

3.The Filed Officer / Co-Operative Registrar, 3921, Pechiparai Primary Agricultural Co-Operative Society, Pechiparai Post, Kanniyakumari District.

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G.R.SWAMINATHAN, J.

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