Nanchil Domenic Savio.G v. The Registrar Of Co-Operative Societies,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.18819, 18820 of 2022 & 3732 of 2023 G.Nanchil Domenic Savio ... Petitioner Vs 1.The Registrar of Co-operative Societies, 170, EVR Road, Dr.Radhakrishnan Nagar, Razak Garden, SBI Officers Colony, Arumbakkam, Chennai - 600 106.
2.The Joint Regsitrar of Co-operative Societies, Collectorate, Ramavarmapuram, Nagercoil - 629 001, Kanyakumari District.
3.The Deputy Registrar of Co-operative Societies, Palace Road, Thuckalay, Nagercoil, Kanyakumari District - 629 175.
1/5
4.The Managing Director / Co-operative Sub Registrar, Y285 Kalkulam Vilavancode Taluks Agricultural Producers Co-operative Marketing Society Ltd, Marthandam, Kanyakumari District - 629 165.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the second respondent in Na.Ka.No. 6391/2022/Sa.Pa dated 06.10.2022 and quash the same as illegal and further direct the respondents to reinstate the petitioner as the president in Y-285, Kalkulam Vilavancode Taluks Agricultural Producers Cooperative Marketing Society Ltd., Marthandam, Kanyakumari District (KVTCMS) within a time stipulated.
For Petitioner : Mr.T.Mohan Senior Counsel for K.P.Krishnadoss For Respondents : Mr.R.Baskaran Additional Advocate General Assisted by Mr.S.R.A.Ramachandran Additional Government Pleader
ORDER
Heard the learned Senior Counsel appearing for the writ petitioner and the learned Additional Advocate General assisted by the learned Additional Government Pleader appearing for the respondents. 2/5
2.The writ petitioner is the president of a Co-operative Society. By the impugned order dated 06.10.2022 he was suspended. The second respondent passed the said order under Section 76(A) of the of the Tamil Nadu Cooperative Societies Act, 1983. Vide order dated 24.02.2023 made in W.P(MD)No.23902 of 2022 (Alphones Vs The Regional Joint Registrar of Co-operative Society & Others), I had held that the second respondent will not be competent to suspend an elected President. For reasons of jurisdiction as well as the other reasons set out in the said order, the impugned order is set aside and the writ petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 28.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Registrar of Co-operative Societies, 170, EVR Road, Dr.Radhakrishnan Nagar, Razak Garden, SBI Officers Colony, Arumbakkam, Chennai - 600 106.
3/5
2.The Joint Regsitrar of Co-operative Societies, Collectorate, Ramavarmapuram, Nagercoil - 629 001, Kanyakumari District.
3.The Deputy Registrar of Co-operative Societies, Palace Road, Thuckalay, Nagercoil, Kanyakumari District - 629 175.
4.The Managing Director / Co-operative Sub Registrar, Y285 Kalkulam Vilavancode Taluks Agricultural Producers Co-operative Marketing Society Ltd, Marthandam, Kanyakumari District - 629 165.
4/5
G.R.SWAMINATHAN, J.
MGA and W.M.P(MD)Nos.18819, 18820 of 2022 & 3732 of 2023 28.02.2023 5/5