Madras High CourtWP(MD)/19042/2018disposed of

S.Murugan v. Deputy Registrar Of Co Op.

2018-09-03Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].No.19042 of 2018 and W.M.P.[MD].No.16879 of 2018 S.Murugan : Petitioner Vs.

1.The Deputy Registrar of Co-operative Societies (Housing), Tirunelveli, Tirunelveli District.

2.Co-operative Sub Registrar (Housing), Tenkasi, Tirunelveli District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 27.08.2018 and consequently direct the respondents to convene a fresh special meeting by duly following the procedures as envisages under Rule 62 of Tamil Nadu Co-operative Societies Rules, 1988. For Petitioner : Mr.A.Sivasubramanian For Respondents : Mr.K.Chellapandian, Additional Advocate General, Assisted by Mr.A.K.Baskarapandian, Special Government Pleader

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Heard the learned Counsel appearing on either side.

2. The prayer, as such, sought for by the petitioner cannot be granted. Admittedly, the election to the Board is over. Thus, the only remedy that is now open to the petitioner is to approach the Registrar of Co-operative Societies, Chennai, under Section 90 of https://hcservices.ecourts.gov.in/hcservices/

the Tamil Nadu Co-operative Societies Act, 1983, in view of the order of the Hon'ble Division Bench of this Court in W.P.No.7526 of 2018 etc., batch, dated 03.08.2018.

3. In such a view of the matter, we are not inclined to entertain this writ petition and accordingly, the same is dismissed. However, liberty is given to the petitioner to exhaust the remedy as indicated above. If the Registrar of Co-operative Societies, Chennai, receives any complaint / representation from the petitioner in this regard, the same shall be disposed of within a period of three months from the date of receipt of such complaint / representation. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl.side) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Registrar of Co-operative Societies, Office of the Registrar of Co-operative Societies, Kilpauk, Chennai - 10.

2.The Deputy Registrar of Co-operative Societies (Housing), Tirunelveli, Tirunelveli District.

3.The-Co-operative Sub Registrar (Housing), Tenkasi, Tirunelveli District.

+1CC TO MR.A.SIVASUBRAMANIAN, ADVOCATE IN S.R.NO.81680. +1CC TO SPECIAL GOVERNMENT PLEADER IN S.R.NO.82195. GK DS PM SAR-2 10.10.2018 2P/6C W.P.[MD].No.19042 of 2018 and W.M.P.[MD].No.16879 of 2018 03.09.2018 https://hcservices.ecourts.gov.in/hcservices/