A.K.S. Manoharan, v. The Deputy Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 20.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and MP(MD)No.2 of 2014 AKS.Manoharan ... Petitioner Vs 1.The Deputy Registrar of Co-Operative Society, Madurai Circle, Krishnarayar Tank Street, Madurai -1.

2.The President, Madurai Aided Educational Institution Employees Co-Operative Thrift and Credit Society (A2886), No.5, South Street, Tallakulam, Madurai - 2.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to call for the records of the impugned proceedings of the so called general body meeting dated 03.06.2014 of the Society M/s.A2886 Madurai Aided 1/5

Educational Institutions Employees Co-Operative Thrift and Credit Society Limited, Madurai and quash the impugned proceedings in passing resolution to the effect of deletion of clause 8A of the by-law and consequential impugned proceedings of the 1st respondent Form No.14 under RC.No. 2880/2014 ECS dated 16.06.2014 as illegal and void and directing the respondents to restore the by-law clause 8 A in its original position.

For Petitioner : Mr.K.Muraleedharan For Respondent : Mr.Saji Bino, No.1 Special Government Pleader For Respondent : Mr.N.Dilip Kumar No.2

ORDER

This writ petition is filed challenging the resolution of the respondent society.

2.The respondent society passed a resolution deleting certain clauses of its by-laws. Aggrieved over the same, the petitioner has filed this writ petition.

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3.When this writ petition is taken up for hearing, the learned Special Government Pleader appearing for the 1st respondent submits that as per Clause 5A of by-law of the 2nd Society, only a member of the Society can challenge the by-law. Therefore the petitioner an erstwhile employee of the society, who retired from service a long ago in the year 1997, is no longer a member of the Society and thus he has no locus to file this writ petition.

4.In view of the above submission, the petitioner ceased to be the member of the respondent society cannot maintain this writ petition. Therefore, this writ petition is dismissed.

No costs.

Consequently connected miscellaneous petitions are also dismissed.

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1.The Deputy Registrar of Co-Operative Society, Madurai Circle, Krishnarayar Tank Street, Madurai -1.

2.The President, Madurai Aided Educational Institution Employees Co-Operative Thrift and Credit Society (A2886), No.5, South Street, Tallakulam, Madurai - 2.

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B.PUGALENDHI, J.

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