Prakash.M.S. v. The Registrar Of Co-Operative Societies(Housing)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.7040 & 7041 of 2021 M.S.Prakash ... Petitioner Vs 1.The Registrar of Co-operative Societies (Housing), Tamil Nadu Co-operative Housing Society, No.48, Ritherton Road, Vepperi, Chennai - 600 007.
2.The Deputy Registrar (Housing Society) Virudhunagar Region, No.3, DD Road, Maninagaram, Virudhunagar District.
3.The President, NN.621, Singampuneri Co-operative Housing Society Limited, Singampuneri, Sivagangai District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records in Na.Ka.No. 1/4
1151/17/Sapa(1) dated 20.04.2021 on the file of the second respondent quash the same and quash such other order as deem fit and proper circumstances of the case.
For Petitioner : Mr.S.Kumar For Respondents : Mr.M.Senthil Ayyanar Government Advocate for R.1 & R.2 No Appearance for R.3
ORDER
Heard the learned counsel on either side.
2. By the impugned order, the subject Society has been ordered to be wound up. It is beyond dispute that the procedure set out in Rule 113 of Tamil Nadu Cooperative Societies Rules, 1988 was not followed.
3. The learned counsel for the petitioner referred to the decision rendered by a learned Judge of this Court in N.Baskaran Vs The Registrar of Cooperative Societies (Housing) and others in W.P(MD)No.8941 of 2021 dated 30.04.2021 wherein it was held as follows:
"8. A careful reading of Section 137 of the Act along with Section 113 of the Tamil Nadu Co-operative Societies Rules, 1988 shows that it mandates convening a special meeting after giving seven clear days' notice to the members 2/4
along with a copy of the notice under Sub Section 1 of Section
137. In the event of failure of the Society to convene the special meeting, the Registrar may himself communicate or authorize the communication of a copy of the said notice to the members of the Society calling upon such members to submit their representations, if any. This mandatory requirement was not followed by the second respondent and straight away, the impugned order came to be passed by the second respondent."
In this view of the matter, the order impugned in this writ petition is quashed. This writ petition is allowed. It is open to the second respondent to proceed afresh in accordance with law. Consequently, connected miscellaneous petitions are closed. No costs.
28.07.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Registrar of Co-operative Societies (Housing), Tamil Nadu Co-operative Housing Society, No.48, Ritherton Road, Vepperi, Chennai - 600 007.
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G.R.SWAMINATHAN, J.
mga 2.The Deputy Registrar (Housing Society) Virudhunagar Region, No.3, DD Road, Maninagaram, Virudhunagar District.
3.The President, NN.621, Singampuneri Co-operative Housing Society Limited, Singampuneri, Sivagangai District.
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