R.Saravanan v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and WMP(MD) No.9244 of 2024 R.Saravanan ... Petitioner Vs
1. The Managing Director, Tamil Nadu Co-Operative Milk Producers Federation, Chennai.
2. The General Manager, District Co-Operative Milk Producers Union, Theni, Theni District.
3. The Deputy Registrar (Dairying), Theni.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, forbearing the respondents in any way interfering with the administration, possession and day to day affairs of the petitioners society namely TID 229 Siththarpatti Colony Milk Productive CoOperative Society, Andipatti Taluk, Theni District except under due process of law and consequently direct the 3rd respondent to hand over the administration of the TID229 Siththarpatti Colony Milk Productive Co-Operative Society, Andipatti 1/5
Taluk, Theni District to the petitioner immediately. For Petitioner : Mr. K.Rajeshwaran For Respondents : Ms.J.Devasena (R1,R2) Standing Counsel Mr.D.Sadiq Raja (R3) Additional Government Pleader
O R D E R
This Writ Petition has been filed forbearing the respondents in any way interfering with the administration, possession and day to day affairs of the petitioners society namely TID 229 Siththarpatti Colony Milk Productive CoOperative Society, Andipatti Taluk, Theni District except under due process of law and consequently direct the 3rd respondent to hand over the administration of the TID229 Siththarpatti Colony Milk Productive Co-Operative Society, Andipatti Taluk, Theni District to the petitioner immediately. 2.Heard the learned counsel appearing for the petitioner, learned Standing Counsel appearing for the respondents 1 and 2 and the learned Additional Government Pleader appearing for the third respondent. Perused the materials on record.
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3.It is the case of the petitioner that there is a dispute between the 3rd respondent Society with regard to the administration and selling of milk. One portion of land is held by the 3rd respondent and the other portion is held by the petitioner. Hence, this writ petition has been filed seeking direction. 4.It is the contention of the learned Standing counsel for the respondents 1 and 2 that the land in question and Bulk Milk Cooler is in the control of the 2nd respondent and the petitioner is having no right over that. 5.On perusal of very allegations and counter allegations, it is seen that it is purely a dispute between two registered Societies. Therefore, the petitioner has to raise the dispute before the District Registrar under Section 90 of the Cooperative Societies Act, 1912. It may not be decided in the writ Court. 6.Accordingly, this writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 22.10.2024 NCC : Yes/No Index : Yes/No PNM 3/5
To
1. The Managing Director, Tamil Nadu Co-Operative Milk Producers Federation, Chennai.
2. The General Manager, District Co-Operative Milk Producers Union, Theni, Theni District.
3. The Deputy Registrar (Dairying), Theni.
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N.SATHISH KUMAR , J.
PNM ORDER IN and WMP(MD) No.9244 of 2024 22.10.2024 5/5