S.Fathima Kani v. The Tamilnadu State Co Op.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].No.18214 of 2018 and W.M.P.[MD].Nos.16117 & 16118 of 2018 S.Fathima Kani : Petitioner Vs.
1. The Tamil Nadu State Co-operative Societies Election Commission, Rep. by its Commissioner, No.273, Kamadhenu Supermarket, 1st Floor, Anna Salai, Chennai - 18.
2. The Registrar of Co-operative Societies, Office of the Registrar of Co-operative Societies, Kilpauk, Chennai - 10.
3. The Election Officer / The Assistant Director of Fisheries (South), FRD62 Vallinokam Fisher Woman Co-operative Society, Valinokkam, Kadaladi Taluk, Ramanathapuram District.
: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned order in Na.Ka.No. 1969/E/20172 dated 10.08.2018 on the file of the respondent No. 3 and quash the same as illegal and consequently direct the Respondent Nos. 1 to 3 to re-conduct the election for the FRD62 Vallinokam Fisher Woman Co-operative Society, Valinokkam, Kadaladi Taluk, Ramanathapuram District.
For Petitioner : Mr.T.Lajapathi Roy 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 second respondent, ie., Registrar of Co-operative Societies, under Section 90 of 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 second respondent, ie., Registrar of Co-operative Societies, 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 petitions are closed. sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar(CS-I) To
1. The Commissioner, Tamil Nadu State Co-operative Societies Election Commission, No.273, Kamadhenu Supermarket, 1st Floor, Anna Salai, Chennai - 18.
2. The Registrar of Co-operative Societies, Office of the Registrar of Co-operative Societies, Kilpauk, Chennai - 10.
3. The Election Officer / The Assistant Director of Fisheries (South), FRD62 Vallinokam Fisher Woman Co-operative Society, Valinokkam, Kadaladi Taluk, Ramanathapuram District.
+1cc to M/S.Lajapathi Roy, SR.No.79691 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.79633 Gk MK/RP/SAR 1/06.09.2018/3P/6C W.P.[MD].No.18214 of 2018 and W.M.P.[MD].Nos.16117 & 16118 of 2018 21.08.2018