Ramachandran, v. The Registrar Of Co-Operative

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.15349 of 2017 Ramachandran ... Petitioner -vs1.The Registrar of Co-operative Societies, 170, E.V.R. Periyar High Road, Nadarajan Maligai, Keelpauk, Chennai - 10.

2.The Joint Registrar, Co-operative Societies, Sarvanger Street,Palayamkottai, Tirunelveli - 2.

3.The Deputy Registrar, Co-operative Societies, Cheranmahadevi, Tirunelveli District.

4.The President, O.70, Pazhavoor Primary Agriculture Co-operative Credit Societies, Pazhavoor, Radhapuram Taluk, Tirunelveli District.

5.T.Rajapandian ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take suitable action against the 5th respondent within a stipulated time as directed by this Court by considering the petitioner's representation dated 01.02.2017 to safe guard the welfare of the O.70, Pazhavoor Primary Agriculture Co-operative Credit Society, Pazhavoor, Radhapuram Taluk, Tirunelveli District. For Petitioner : Mr.S.Selvakumar For Respondents 1 to 3 : Mr.D.Muruganantham Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

By consent of both sides, this writ petition itself is taken up for final disposal.

2.The petitioner has come to this Court with a wrong prayer to issue a Writ of Mandamus against the respondents 1 to 4 to take a suitable action against the fifth respondent within a stipulated time.

3.The petitioner claims to be a ''A'' class member of O.70, Pazhavoor Primary Agriculture Co-Operative Credit Society, Pazhavoor, Radhapuram, Tirunelveli District. While so, the fifth respondent, the Secretary of the said Society is said to be responsible for the cash and other assets of the Society. Therefore, it was the claim of the petitioner that the fifth respondent has got duty to maintain the accounts of the Society upto date. But he was arrested by the Vigilance and Anti Corruption Department for receiving bribe to sanction agricultural loan for a farmer. An FIR was also registered in Crime No.6 of 2016 on 24.08.2014. Subsequently, he was remanded to Judicial custody and thereafter released on bail. The said news has been published in all the leading Tamil Dailies. Therefore, it is his case that further action should be taken against the 5th respondent. In this regard, he has given a representation to the respondents on 01.02.2017. However, the same has not been considered and hence, the petitioner is present before this Court with the aforesaid prayer.

4. This Court is unable to find any justification for the petitioner to rush to this Court seeking a direction to the respondents 1 to 4 to take action against the 5th respondent, when the fifth respondent was already arrested and remanded to Judicial custody and that being so, it is not known what more action should be taken against the 5th respondent. The petitioner has not even been aware of the status of the criminal case registered against the 5th respondent. When he is not even able to know the status of the criminal case, that itself is a disqualification to approach this Court seeking a direction to the respondents 1 to 4, which shows that the petitioner is attempting to wreck vengeance against the 5th respondent.

5. For all these reasons, this writ petition fails and the same is dismissed, as devoid of merits. No costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar +1cc to SPECIAL GOVERNMENT PLEADER in SR. NO.72910 +1cc to Mr.S.R.ANBARASU Advocate in SR. NO. 73125 MRN/RR JS/KK/SAR.2/1.9.2017/2P-3C W.P(MD)No.15349 of 2017 16.08.2017 https://hcservices.ecourts.gov.in/hcservices/