Madras High CourtWP(MD)/10013/2020disposed of

P.Marudhai v. The District Collector

2020-09-09Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.10013 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10013 of 2020 and W.M.P.(MD)No.8945 of 2020 P.Marudhai, The President, A.D.18, Poosaripatti Milk Producers, Co-operative Society, Poosaripatti, Servaikaranpatti Post, Gujiliamparai Taluk, Dindigul District.

... Petitioner Vs.

1.The District Collector, District Collector's Office, Dindigul, Dindigul District.

2.The Deputy Registrar (Milk), Deputy Registrar's Office, Dindigul, Dindigul District.

3.The Senior Inspector (Milk), Inspector (Milk) Office, Natham, Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus,calling for the records relating to the second respondent's proceedings made in Na.Ka.No.595/E3/2020, dated 10.07.2020, quash the same, and further direct the second respondent to approve the resolution of the petitioner's society dated 07.06.2020 and 08.06.2020, within a stipulated period as may be fixed by this Court. For Petitioner : Mr.R.Sundar For R1 : Mr.P.Mahendran, Additional Government Pleader.

For R2 & R3 : Mr.Mareeskumar

ORDER

Heard the learned counsel appearing on either side. 2.The second respondent had issued the impugned order dated 10.07.2020 appointing the third respondent to oversee the affairs of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.10013 of 2020 A.D.18, Poosaripatti Milk Producers Co-operative Society. It could be seen that the trigger point for issuing such communication was suspension of one Gobi Kumar from his post as Secretary. 3.I wanted to know as to whether due process was followed before the said K.Gobikumar was removed from service. Since no due process was followed, the petitioner came forward to withdraw the resolution passed against the said K.Gobikumar. Therefore, the said K.Gobikumar stands reinstated in service.

4.The petitioner states that he is not being allowed to even enter the premises of the Society in question. The petitioner is the President of the Society. Therefore, he is very much entitled to discharge his duty as its President. The respondents cannot interfere with same so long as the petitioner continues to be the President of the Society.

5.Clarifying this position, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) gns Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The District Collector, District Collector's Office, Dindigul, Dindigul District.

+1 CC to M/s.GP ( SR-16516[F] dated 10/09/2020 ) W.P.(MD)No.10013 of 2020 09.09.2020 AP(16/09/2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2