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Madras High CourtWP(MD)/19083/2018disposed of

P.Sureshan, v. The State Of Tamil Nadu

2018-09-03Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].No.19083 of 2018 P.Sureshan : Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Co-operation, Food and Consumer Protection Department, Fort St.George, Chennai - 600 009.

2.The Election Commission, Tamil Nadu State Co-operative Societies, Rep. by its Secretary, No.273, Kamadenu Super Market, I Floor, Anna Salai, Chennai - 600 018.

3.The Registrar of Co-operative Societies, 170, EVR Periyar Highways, Kilpauk, Chennai - 600 010.

4.The District Election Officer / The Deputy Registrar of Co-operative Societies, Tiruchendur, 5.The Election Officer / Co-operative Sub Registrar (Retired), 6.The Election Officer / Co-operative Sub Registrar,

7.The Secretary, : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2, 4 & 5 to withhold the functions of the Board of the 7th respondent till the decision of the Committee which was constituted in view of the common order dated 03.08.2018 passed by this Court. For Petitioner : Mr.V.Rajiv Rufus 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 third 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 third respondent, ie., Registrar of Cooperative 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.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar(CS-II)

To 1.The Principal Secretary to Government, State of Tamil Nadu, Co-operation, Food and Consumer Protection Department, Fort St.George, Chennai - 600 009.

2.The Secretary, Election Commission, Tamil Nadu State Co-operative Societies, No.273, Kamadenu Super Market, I Floor, Anna Salai, Chennai - 600 018.

3.The Registrar of Co-operative Societies, 170, EVR Periyar Highways, Kilpauk, Chennai - 600 010.

4.The District Election Officer / The Deputy Registrar of Co-operative Societies, Tiruchendur, 5.The Election Officer / Co-operative Sub Registrar (Retired), 6.The Election Officer / Co-operative Sub Registrar, 7.The Secretary, +1CC TO MR.V.RAJIV RUFUS, ADVOCATE IN S.R.NO.81696. +1CC TO SPECIAL GOVERNMENT PLEADER IN S.R.NO.82197. GK DS PM SAR-2 05.10.2018 3P/10C W.P.[MD].No.19083 of 2018 03.09.2018