K.Shanthi, v. The Principal Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD]No.20963 of 2018 and W.M.P.[MD]No.18745 & 18746 of 2018 K.Shanthi : Petitioner Vs.
1.The Principal Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Fort St. George, Chennai - 600 009.
2.The Election Commission, Tamil Nadu State Co-operative Societies, Rep. by its Secretary, No.273, Kamadenu Super Market, 1-Floor, Anna Salai, Chennai - 600 018.
3.The District Election Officer / Assistant Director, Fisheries Development Department (North), Ramanathapuram District.
4.The Election Officer, FRD 69, Nambuthalai, Vinayagar Nagar Women's Cooperative Society, Nambuthalai, Thiruvadanai Taluk, Ramanathapuram District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the undated impugned declaration passed by the fourth respondent in respect of "FRD 69, Nambuthalai, Vinayagar Nagar Women's Cooperative Society, Nambuthalai, Thiruvadanai Taluk, Ramanathapuram District and to quash the same as illegal and null and void and consequently directing the respondents to place the complaint dated 04.05.2018 before the committee for South Zone in the light of the common order dated 03.08.2018 passed by the Hon'ble Principal Bench in the case of "R.Sakkarapani Vs The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Co-operation, Food and Consumer Protection Department, Chennai".
For Petitioner :Mr.B.Vinothkumar For Respondents :Mr.K.Chellapandian Additional Advocate General Assisted by Mr.A.K.Baskara Pandian Special Government Pleader
O R D E R
[Order of the Court was made by M.M.SUNDRESH,J.] The petitioner has come forward with this Writ Petition, seeking a Writ of Certiorarified Mandamus, calling for the records relating to the undated impugned declaration passed by the fourth respondent in respect of "FRD 69, Nambuthalai, Vinayagar Nagar Women's Cooperative Society, Nambuthalai, Thiruvadanai Taluk, Ramanathapuram District and to quash the same and for further direction to the respondents.
2.When the matter was taken up for hearing, the learned Additional Advocate General appearing for the respondents would submit that the entire election process is over and the elected persons have taken charge. These persons are not before this Court. 3.In such view of the matter, we are not inclined to entertain this Writ Petition. However, the petitioner is at liberty to invoke Section 90 of the Tamil Nadu Cooperative Societies Act, 1983. 4.The Writ Petition stands disposed of, accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS I) /True Copy/ Sub Assistant Registrar(CS IV) MR To 1.The Principal Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Fort St. George, Chennai - 600 009.
2.The Election Commission, Tamil Nadu State Co-operative Societies, Rep. by its Secretary, No.273, Kamadenu Super Market, 1-Floor, Anna Salai, Chennai - 600 018.
3.The District Election Officer / Assistant Director, Fisheries Development Department (North), Ramanathapuram District.
4.The Election Officer, FRD 69, Nambuthalai, Vinayagar Nagar Women's Cooperative Society, Nambuthalai, Thiruvadanai Taluk, Ramanathapuram District.
1CC TO MR. B. VINOTH KUMAR, ADVOCATE SR 89113 1CC TO THE SPL GOVT PLEADER SR 89431 NM SV SAR 4 31 10 2018 3P 7C.
W.P.[MD]No.20963 of 2018 08.10.2018