Ramesh v. The Deputy Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.10738 of 2017 and W.M.P.(MD)Nos.8184 & 8185 of 2017 Ramesh ...Petitioner Vs.

1. The Deputy Registrar, Usilampatti @ Tirumangalam, Madurai District.

2. The President, MD Spl.116 Moonandiapatti Primary Agriculture, Co-operative Credit Society, Moonandipatti, Karumathur Post, Usilampatti Taluk, Madurai District. ...Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the 1st respondent in his proceedings in Na.Ka. No.1949/2017/Tho Va, dated 31.05.2017 and quash the same.

For Petitioner : Mr.P.Mahendran For Respondent 1 : Mr.N.S.Karthikeyan, AGP For Respondent 2 : Mr.Aayram K. Selvakumar, G.A.

O R D E R

This Writ petition has been filed by the petitioner to issue a Writ of Certiorari to call for the records pertaining to the impugned order passed by the 1st respondent in his proceedings in Na.Ka.No.1949/2017/Tho Va and quash the same. 2.

Mr.N.S.Karthikeyan, Additional Government Pleader takes notice for the first respondent and Mr.Aayiram K. Selvakumar Government Advocate takes notice for the second respondent. By consent, the Writ petition itself is taken up for final disposal.

3. Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the first respondent and the learned Government Advocate appearing for the second respondent.

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4.On account of certain irregularities committed in the 2nd respondent Cooperative Society, the 1st respondent has passed the impugned order recommending for taking further action. 5.The question whether the petitioner and other officers of the said society are involved in the said irregularities or not, is not a matter to be decided at this point of time. However, during inspection, a responsible officer of the 1st respondent came to know about certain irregularities in the respondent / Society and recommended for taking further action and hence, the same cannot be challenged in the Writ petition. It is seen that in the impugned order, there is no specific mention about the petitioner or any other officer.

6.The learned Additional Government Pleader appearing for the 1st respondent has produced a proceedings of the Deputy Registrar of Co-operative Society, Usilampatti dated 31.05.2017 directing to conduct an enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act.

7.In such circumstances, this Court is not inclined to interfere with the impugned communication dated 31.05.2017 passed by the 1st respondent. Accordingly, this Writ petition is dismissed as premature. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Deputy Registrar, Usilampatti @ Tirumangalam, Madurai District.

2. The President, MD Spl.116 Moonandiapatti Primary Agriculture, Co-operative Credit Society, Moonandipatti, Karumathur Post, Usilampatti Taluk,Madurai District.

+1cc to Mr.P.Banuprasath, Advocate Sr.No.59507 +1cc to Spl.Government Pleader Sr.No.59795 GNS/SMI VB/MR/SAR1/07.07.2017/2P/5C W.P.(MD).No.10738 of 2017 09.06.2017 https://hcservices.ecourts.gov.in/hcservices/