Madras High CourtWP(MD)/5846/2017allowed

M.Seetharaman, President, v. The Registrar Of Co-Op

2022-06-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.5846 of 2017 and WMP(MD)No.4630 of 2017 M.Seetharaman ... Petitioner v.

1.The Registrar of Co-operative Societies (Housing), O/o.the Registrar of Co-operative Societies, Tamil Nadu Housing Board Campus, Anna Salai, Chennai.

2.The Deputy Registrar of Co-operative Societies(Housing), Plot No.5/1A, K.K.Nagar, Madurai-20.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for records from the first respondent relating to the impugned order made in Na.Ka.No.2431/2016 sa.pa2 dated 24.03.2017 passed by the first respondent and quash the same as illegal.

For Petitioner : Mr.C.G.Pethanaraj For Respondents : Mr.P.Thilakkumar, Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petitioner questions the impugned order passed under Section 36 of the Tamil Nadu Co-operative Societies Act, 1983 whereby he has been permanently disqualified. It is seen that the impugned order was passed without notice to the petitioner. On this sole ground, the impugned order stands quashed. This writ petition is allowed. The matter is remitted to the file of the first respondent to proceed afresh in accordance with law if so https://hcservices.ecourts.gov.in/hcservices/ 1/2

advised. No costs. Connected miscellaneous petition is dismissed. Sd/- Assistant Registrar(CS-II) // True Copy // /06/2022 Sub Assistant Registrar(CS) skm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

1.The Registrar of Co-operative Societies (Housing), O/o.the Registrar of Co-operative Societies, Tamil Nadu Housing Board Campus, Anna Salai, Chennai.

2.The Deputy Registrar of Co-operative Societies(Housing), Plot No.5/1A, K.K.Nagar, Madurai.

+1 CC to M/s.SPL.GP ( SR-25557[F] dated 14/06/2022 ) +1 CC to M/s.R. SARAVANAN, Advocate ( SR-25654[F] dated 14/06/2022 ) WP(MD)No.5846 of 2017 and WMP(MD)No.4630 of 2017 13.06.2022 SRR(CO) KB(27.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2