C.Narayanan v. The Deputy Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD) Nos.12679 & 14851 of 2017 C.Narayanan ... Petitioner -vs1.The Deputy Registrar Co-operative Societies near Ottapalam Paramakudi Ramanathapuram District 2.The Enquiry Officer under Section 81 Co-operative Sub Registrar / Managing Director Kamuthi Co-operative Marketing Society Kamuthi, Ramanathapuram District 3.Q1193-A. Punavasal Primary Agricultural Co-operative Credit Society A.Punavasal Marandai Post Kadaladi Taluk Ramanathapuram District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the respondents from completing the section 81 enquiry and filing report without obtaining the entire documents sought for by the proceedings dated 17.05.2017 and 26.05.2017 and 12.06.2017 by considering the representation of the petitioner dated 27.06.2017. For Petitioner :

Mr.Raja Karthikeyan For Respondents :

Ms.D.Farjana Ghoushia Special Government Pleader for R1 & R2

O R D E R

This writ petition has been filed for a mandamus to forbear the respondents from completing the enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 and filing a report without obtaining the entire documents sought for through the proceedings dated 17.05.2017, 26.05.2017 and 12.06.2017, by considering the representation of the petitioner dated 27.06.2017.

2. The prayer sought for in this writ petition cannot be granted as the petitioner cannot stall the enquiry under Section 81 of the Tamil Nadu Co-

operative Societies Act, 1983. The petitioner claims that he has handed over the possession of all the documents, which were in his custody, to the respondents. He has also stated that the other documents sought for by the respondents are not in his custody. He has also submitted an explanation to the notice received from the respondents stating the aforesaid facts. In view of the pendency of this writ petition, the enquiry is still pending. As observed earlier, enquiry cannot be stalled. The petitioner has already put the respondents on notice that he has submitted all the documents pertaining to the Society, which were in his custody and the remaining documents sought for by the respondents are not available with him. It is for the respondents to consider the explanation submitted by the petitioner with regard to the availability of documents on merits and in accordance with law, while passing the final orders in the enquiry proceedings initiated under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983.

3. For the foregoing reasons, after recording the aforesaid statement made by the petitioner in this writ petition, this Court directs the second respondent to complete the enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 and pass final orders, after giving due

consideration to the explanation submitted by the petitioner, including the explanation with regard to the non-availability of certain documents, on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.

4. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 27.08.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Deputy Registrar, Co-operative Societies, near Ottapalam, Paramakudi, Ramanathapuram District.

2.The Enquiry Officer under Section 81, Co-operative Sub Registrar / Managing Director, Kamuthi Co-operative Marketing Society, Kamuthi, Ramanathapuram District.

ABDUL QUDDHOSE, J.

krk and W.M.P.(MD) Nos.12679 & 14851 of 27.08.2024