Thangaprabaharan v. The Principal Secretary To Tn Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2020
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.(MD).No.11425 of 2020 R.Thangaprabaharan .. Petitioner Vs.
1.The Principal Secretary to Tamilnadu Government, Food, Cooperation and Consumer Protection Department, Secretariat, Chennai - 9.
2.The Registrar of Cooperative Societies, No.170, EVR High Road, Kilpauk, Chennai - 10. 3.The Joint Registrar, Office of the Regional Joint Registrar of Cooperative Societies, Rajappa Nagar, Medical College Road, Thanjavur - 613 007.
4.The Deputy Registrar of Cooperative Societies, Thanjavur Circle, Thanjavur, Rajappa Nagar, Medical College Road, Thanjavur - 613 007.
5.The Cooperative Sub Registrar / Election Officer, Office of the Deputy Registrar of Cooperative Societies, Thanjavur, Medical College Road, Thanjavur - 613 007.
6.The Vice President, The Thanjavur District State Government Employees Consumer Cooperative Stores Ltd., T - 990, Thanjavur - 613 001.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to dispose the revision petition filed by the petitioner on 1/3
22.01.2020 within the time that may be stipulated by this Court and consider the petitioner's representation, dated 12.03.2020. For Petitioner : Mr.K.Guhan For Respondents : Mr.M.Rajarajan Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus, seeking for a direction to the third respondent to dispose of the revision filed by the petitioner on 22.01.2020.
2.It is the case of the petitioner that he was the President of the Thanjavur District State Government Employees Consumer Cooperative Stores Ltd.,. It is also the case of the petitioner that the members of the Cooperative Society, moved a No Confidence Motion against him on 24.08.2019. According to him, without proper notice, the petitioner has been removed from the post of President of the Thanjavur District State Government Employees Consumer Cooperative Stores Ltd. Aggrieved over the same, the petitioner has preferred a revision before the third respondent on 22.01.2020. The only grievance raised in this writ petition is that till date, the revision petition filed by the petitioner before the third respondent has not been disposed of. He has also given a representation on 12.03.
2020 to the respondents, seeking for early disposal of the revision petition filed by him. According to the petitioner, till date the revision petition has not been disposed of and only in such circumstances, this writ petition has been filed. 3.The relief sought for in this writ petition is an innocuous relief. No prejudice will be caused to the respondents, if a direction sought for by the petitioner is granted by this Court. The petitioner has been removed as a President of a Cooperative Society based on a resolution passed by the said Society. According to the petitioner, no proper notice has been given to him by the Society before removing him as President.
In such circumstances, there is some urgency in the relief sought for by the petitioner and the revision petition filed by him before the third respondent will have to be disposed of expeditiously as possible. 4.Accordingly, this Court directs the third respondent to dispose of the revision filed before him on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that in case, the third respondent rejects the revision filed by the petitioner, sufficient reasons shall be given in the said order for rejecting the revision.
5.With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) TM 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 1.The Principal Secretary to Tamilnadu Government, Food, Cooperation and Consumer Protection Department, Secretariat, Chennai - 9. 2.The Registrar of Cooperative Societies, No.170, EVR High Road, Kilpauk, Chennai - 10.
3.The Joint Registrar, Office of the Regional Joint Registrar of Cooperative Societies, Rajappa Nagar, Medical College Road, Thanjavur - 613 007.
4.The Deputy Registrar of Cooperative Societies, Thanjavur Circle, Thanjavur, Rajappa Nagar, Medical College Road, Thanjavur - 613 007.
5.The Cooperative Sub Registrar / Election Officer, Office of the Deputy Registrar of Cooperative Societies, Thanjavur, Medical College Road, Thanjavur - 613 007.
6.The Vice President, The Thanjavur District State Government Employees Consumer Cooperative Stores Ltd., T - 990, Thanjavur - 613 001.
+1 CC to SPL GP ( SR-19311[F] dated 07/10/2020 ) 06.10.2020 VB (12.10.2020) 3P 8C 3/3