Lakshmanan.S v. The Joint Registrar Of Co-Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.22293 of 2023 and WMP(MD) No.18573 of 2023 S.Lakshmanan ... Petitioner Vs 1.The Joint Registrar of Co-operative Societies, Tuticorin Region, Tuticorin.

2.The Deputy Registrar of Co-operative Societies, Tiruchendur Taluk, Tuticorin 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 records of the impugned show cause notice in Na.Ka.No. 3825/2023/sa.pa, dated 04.08.2023 on the file of the first respondent and quash the same.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.P.T.Thiraviam Government Advocate

O R D E R

This writ petition is filed challenging the show cause 1/5

notice issued by the first respondent in Na.Ka.No.3825/2023/Sa.Pa, dated 04.08.2023.

2.The learned counsel appearing for the petitioner submits that he has sought for a document from the respondent, which has been referred in the impugned order and based on that document only, the entire proceedings was initiated as against the petitioner. In the absence of that document, the petitioner is not able to furnish his explanation properly.

3.Mr.P.T.Thiraviam, learned Government Advocate, who takes notice for the respondents, on instructions submits that in response to the show cause notice, dated 04.08.2023, the petitioner has offered his explanation on 16.08.2023 and another explanation on 28.08.2023. According to the learned Government Advocate, this writ petition is filed only to drag on the proceedings. 4.This Court considered the rival submissions made. 2/5

5.The impugned proceedings is only a show cause notice and therefore, this writ petition is not maintainable in view of the decision of the Hon'ble Supreme Court in Union of India vs. Kunishetty Satyanarayana [(2006) SCC 28].

6.Accordingly, this writ petition is disposed of with a direction to the respondents to furnish a copy of the proceedings of the Deputy Registrar of Societies, Tiruchendur in Na.Ka.No. 1697/2022, dated 10.05.2022 to the petitioner, which is a basis for the show cause notice, within a period of three weeks from the date of receipt of a copy of this order. In such event, the petitioner is directed to file his response/explanation to the show cause notice within a period of one week from thereon. No costs. Consequently, connected Miscellaneous Petition is closed.

13.09.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn 3/5

To 1.The Joint Registrar of Co-operative Societies, Tuticorin Region, Tuticorin.

2.The Deputy Registrar of Co-operative Societies, Tiruchendur Taluk, Tuticorin District.

4/5

B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.22293 of 2023 and WMP(MD) No.18573 of 2023 13.09.2023 5/5