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Madras High CourtWP(MD)/706/2017disposed of

P.Muruganandam, S/O.V.Pitchai, v. The Registrar Of Co-Operative

2022-06-07Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.706 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.706 of 2017 and W.M.P.(MD) No.587 of 2017 P.Muruganandam ... Petitioner Vs 1.The Registrar of Co-operative Societies, Kilpauk, Chennai.

2.The Joint Registrar of Cooperative Societies, Thanjavur.

3.The Deputy Registrar of Cooperative Societies, Kumbakonam, Thanjavur District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the 3rd respondent in Rc.1845/2015/Sa.Pa.1, dated 17.11.2016 and quash the same as illegal.

For Petitioner : Mr.G.M.Xavier For Respondents : Mr.M.Senthil Ayyanar Government Advocate

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

2.The petitioner was the President of a Co-operative Society. The 3rd respondent has issued the impugned notice dated 17.11.2016, calling upon the petitioner to show cause as to why he should not be disqualified. Without giving any reply, straight away the writ petition has been filed. It is well settled that the Court should be reluctant to interfere at the show cause notice stage. If there is mala fide or lack of jurisdiction, then the Court can interfere even at the show cause notice stage. Such is not the case here. The petitioner is given 21 days from the date of receipt of a copy of this order to offer his explanation to the impugned show cause notice. Thereafter, the enquiry shall be held and orders passed on merits and in accordance with law.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.706 of 2017 3.The writ petition is disposed of, accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) 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, Kilpauk, Chennai.

2.The Joint Registrar of Cooperative Societies, Thanjavur.

3.The Deputy Registrar of Cooperative Societies, Kumbakonam, Thanjavur District.

+1 CC to M/s.SPL.GP ( SR-24617[F] dated 08/06/2022 ) +1 CC to M/s.G.M.XAVIER, Advocate ( SR-24560[F] dated 08/06/2022 ) W.P.(MD) No.706 of 2017 07.06.2022 CK(CO) TR(13.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2