R.Jayapal v. The Joint Registrar Of Cooperative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH R.Jayapal : Petitioner Vs.

1. The Joint Registrar of Cooperative Societies, Theni Region, Government Multi Stored Building, 1st Floor, I Block, Theni - 625 531.

2. The Deputy Registrar of Cooperative Societies, Uthamapalayam Circle, Cooperative Land and Develop Bank Upstairs, South Raja Street, Uthamapalayam, Theni - 625 533.

3. The President, Thevaram Primary Agricultural Cooperative Credit Societies (PACCS), Reg.No. T.U.3, Thevaram P.O., Uthamapalayam Taluk, Theni District.

4. The Secretary, Thevaram Primary Agricultural 1/7

Cooperative Credit Societies (PACCS), Reg.No. T.U.3, Thevaram P.O., Uthamapalayam Taluk, Theni District.

5. The Registrar of Cooperative Societies, NVN Natarajan Maligai, No.170, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.

(suo-motu impleaded by this order) : Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st and 2nd respondent herein to inspect and investigate the working of the Thevaram Primary Agricultural Cooperative Credit Societies (PACCS), bearing Reg.No.T.U.3 in-relation to the unlawful investment and recoupment of funds for the construction of 6 commercial shops by considering the petitioners representation dated 14.02.2025 within a stipulated time. For Petitioner : Mr. S.Bharathy Kannan For Respondents : Mr.C.Venkatesh Kumar Spl. Government Pleader

O R D E R

The petitioner has filed this Writ Petition directing the frist and second respondents to inspect and investigate the operations of Thevaram Primary Agricultural Cooperative Credit Societies (PACCS), bearing Reg.No.T.U.3 in relation to the unlawful investment and re2/7

coupment of funds for the construction of six commercial shops by considering the petitioner's representation dated 14.02.2025.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner asserts that the respondents 3 and 4 started constructing six commercial shops out of the funds of Thevaram Primary Agricultural Cooperative Credit Societies (PACCS). The petitioner alleged that no official sanction has been obtained from the respondents 1 and 2 and no proper general body meeting was conducted for allocating the funds as well as for fixation of rents for the said commercial shops. In this regard, the petitioner submitted a representation on 14.02.2025. However, since no action has been taken, the petitioner has now filed the present Writ Petition.

4. The learned Special Government Pleader, appearing on behalf of the respondents, submits that the Registrar of Cooperative Societies is the competent authority to consider the representation of the 3/7

petitioner. However, the Registrar has not been made as a party to the writ petition. Further he submits that the petitioner may be permitted to submit a fresh representation to the Registrar of Cooperative Societies, detailing the issues raised in the present writ petition. Upon receipt of such representation, the Registrar of Cooperative Societies will duly examine the matter, taking into account all relevant facts and circumstances.

5. Considering the submission made on both sides, this Court suo-motu impleads "The Registrar of Cooperative Societies, NVN Natarajan Maligai, No.170, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010", as the fifth respondent in this writ petition.

6. No prejudice will be caused to the fifth respondent, if the petitioner is permitted to submit a fresh representation to the fifth respondents, seeking to address the grievance of the petitioner and the fifth respondent to consider the same on merits and in accordance with law.

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7. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the fifth respondent citing all the grounds raised in this writ petition, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said representation, the fifth respondent shall pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, within a period of three weeks, thereafter.

8. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 12.03.2025 Index : Yes / No Internet : Yes / No PKN 5/7

To

1. The Joint Registrar of Cooperative Societies, Theni Region, Government Multi Stored Building, 1st Floor, I Block, Theni - 625 531.

2. The Deputy Registrar of Cooperative Societies, Uthamapalayam Circle, Cooperative Land and Develop Bank Upstairs, South Raja Street, Uthamapalayam, Theni - 625 533.

3. The Registrar of Cooperative Societies, NVN Natarajan Maligai, No.170, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010 6/7

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.6519 of 2025 12.03.2025 7/7