John Dhanaraj. S v. The Joint Registrar Of Cooperative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.12233 & 12235 of 2024 S.John Dhanaraj ... Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Kanyakumari District Co-operative Societies, Nagercoil.

2.The Administrative, The Kalkulam Vilavancode Taluks Agricultural Producer's Co-operative Marketing Society Ltd., No.Y-285, Marthandam - 629 165, Kanyakumari 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 on the files of the second respondent pertaining to its proceedings resolution dated 26.02.2024 with regard to the purchase of lorries and the consequential communication of the first respondent dated Nil and to quash the same. For Petitioner : Mr.SC.Herold Singh 1/4

For Respondents : Mr.Kameswaran Government Advocate

ORDER

Heard both sides.

2.The writ petitioner is a member of the second respondent Society. The petitioner questions the resolution passed by the second respondent proposing purchase of two lorries. The case of the petitioner is that there is over-pricing.

3.The learned Government Advocate appearing for the respondents submitted that the price difference is on account of certain factors. 4.The petitioner thereupon submitted that the petitioner will be able to secure the very same items on the very same terms as intended and proposed by the second respondent. In fact, the petitioner also produced necessary quotations. I do not want to get into the factual aspects.

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5.The learned Government Advocate submitted that the second respondent will pass a resolution cancelling the impugned resolution. The purchase will be in such a way that there is absolutely no overpricing. 6.Recording the stand of the respondents, this writ petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

01.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Joint Registrar of Co-operative Societies, Kanyakumari District Co-operative Societies, Nagercoil.

2.The Administrative, The Kalkulam Vilavancode Taluks Agricultural Producer's Co-operative Marketing Society Ltd., No.Y-285, Marthandam - 629 165, Kanyakumari District.

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G.R.SWAMINATHAN,J.

MGA 01.07.2024 4/4