S.Anthony v. The Commissioner And Dirctor
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.02.2023
CORAM
THE HONOURABLE MR.JUSTICE K. KUMARESH BABU and M.P.(MD).No.1 of 2015 S.Anthony ... Petitioner Vs.
1.The Commissioner and Director of Fisheries, ADMIN Buildings, Teynampet, Chennai-6.
2.The Joint Director of Fisheries (Regional) No.166, North Beach Road, Thoothukudi-1, Thoothukudi District.
3.The District Collector, Kanyakumari District, Nagercoil.
4.The Deputy Director of Fisheries (Regional) Nagercoil, Kanyakumari District.
5.The Assistant Director of Fisheries, Nagercoil, Kanyakumari District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to take necessary action including criminal prosecution against the president, Thovalai Taluk Inland Fisherman Co-operative Society F.(K.K.)1 based on the petitioners Sangam representation dated 23.03.2015. For Petitioner :Mr.K.Vamanan For Respondents :Mr.M.Prakash Additional Government Pleader
O R D E R
This writ petition has been filed seeking for a mandamus, directing the respondent to take necessary action including criminal prosecution against the president, Thovalai Taluk, Inland Fisherman Cooperative Society F(K.K.)1 based on the petitioners sangam representation, dated 23.03.2015.
2. Today, when the matter is taken for hearing a status report has been filed by the fifth respondent, wherein, it has been specifically stated that various petitions have been received from the petitioner on 23.03.2015 has been looked upon and an enquiry was ordered by the Functional Registrar/Assistant Director of Fisheries, under Section 81 of the of the Tamil Nadu Co-operative Societies Act, 1983. The Enquiry Officer had filed a report, recommending surcharge proceedings under Section 87 of the Tamil Nadu Co-operative Act, 1983 and also disqualification of the board under Section 36 of the Tamil Nadu Cooperative Societies Act, 1983. Pursuant to the said recommendation, surcharge proceedings have been initiated for an amount Rs.2,25,000/- and the same was collected from the President and remitted back to the account of Thovalai Inland Fishermen Cooperative Society (FKK-1). The proceedings of the disqualification of the board under Section 36 of Tamil Nadu Cooperative Societies Act, 1983 has also been completed.
3.In view of the specific status report, action has been initiated, based upon the representation of the petitioner and hence, no further
adjudication is required to be made in this writ petition. 4.The proceedings under Section 36 of the Tamil Nadu Cooperative Societies Act, 1983, shall be expedited and completed within a period of three months from the date of receipt of a copy of this order. 5.With the above directions, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
23.02.2023 NCC :Yes/No Internet :Yes/No Index : Yes / No sbn
To 1.The Commissioner and Director of Fisheries, ADMIN Buildings, Teynampet, Chennai-6.
2.The Joint Director of Fisheries (Regional) No.166, North Beach Road, Thoothukudi-1, Thoothukudi District.
3.The District Collector, Kanyakumari District, Nagercoil.
4.The Deputy Director of Fisheries (Regional) Nagercoil, Kanyakumari District.
5.The Assistant Director of Fisheries, Nagercoil, Kanyakumari District.
K.KUMARESH BABU, J.
sbn and M.P.(MD).No.1 of 2015 23.02.2023