C. Kosalai v. The Registrar Of Co-Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.14743 of 2020 C.Kosalai ... Petitioner Vs.

1.The Registrar of Co-operative Societies, No.170, EVR Periyar High Road, Kilpauk, Chennai-10.

2.The Joint Registrar of Cooperative Societies, Office of the Joint Registrar of Cooperative Societies, Kanyakumar Region, 26/1-83, Afsarvettari Street, Ramavaramapuram, Nagercoil-629 002.

3.The Deputy Registrar of Cooperative Societies, Office of the Deputy Registrar of Cooperative Societies, Nagercoil-629 001, Kanyakumari District.

4.P.Sankaran, Deputy Registrar of Cooperative Societies, Office of the Deputy Registrar of Cooperative Societies, Nagercoil-629 001, Kanyakumari District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the impugned order passed by the 3rd Respondent under Na.Ka.No.2532/2020 Saba, dated 1/4

06-11-2020, pertaining to initiating proceeding u/s.81 of the Tamil Nadu Cooperative Societies Act and to quash the same as illegal, malafide, motivated and perverse.

For Petitioner : Mr.K.R.Laxman For Respondents : Mr.V.Nirmal Kumar Government Advocate for R1 to R3 : No appearance for R4

ORDER

Heard both sides.

2. The petitioner challenges the impugned proceedings dated 06.01.2024 issued by the second respondent directing the third respondent to conduct enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act. During the pendency of the writ petition, enquiry itself was conducted and the report was submitted on 13.05.2021.

3. Nothing survives for further adjudication. I however make it clear that if any adverse action is taken against the petitioner as a consequence, all the contentions of the petitioner are left open. The petitioner can challenge the consequential action on all the grounds available to her including the one taken in this writ petition.

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4. With this clarification and observation, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 08.01.2024 Index : Yes / No Internet : Yes/ No rmi To 1.The Registrar of Co-operative Societies, No.170, EVR Periyar High Road, Kilpauk, Chennai-10.

2.The Joint Registrar of Cooperative Societies, Office of the Joint Registrar of Cooperative Societies, Kanyakumar Region, 26/1-83, Afsarvettari Street, Ramavaramapuram, Nagercoil-629 002.

3.The Deputy Registrar of Cooperative Societies, Office of the Deputy Registrar of Cooperative Societies, Nagercoil-629 001, Kanyakumari District.

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G.R.SWAMINATHAN, J.

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