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Madras High CourtWP(MD)/30865/2024disposed of

D.Annadurai v. The District Collector

2025-03-27Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 27/03/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.30865 of 2024 and WMP(MD) Nos.25938 & 25937 of 2024 D.Annadurai ...

Petitioner v.

1. The District Collector, Thanjavur District, Thanjavur..

2. The Joint Registrar of Co-Operative Societies, Thanjavur, Thanjavur District..

3. The Deputy Registrar of Co-Operative Societies, Pattukkottai, Thanjavur District..

4. The Co-Operative Sub Registrar, Pattukkottai, Thanjavur District..

5. The Field Officer, Thiruvonam Vattara Ulavar Urpathiyalar Co-Operative Society, Poyyundarkudikadu, Pulavankadu Post, Thiruvonam Panchayat Union, Orathanadu Taluk, 1/6

6. Thiruvonam Vattara Ulavar Urpathiyalar Co-Operative Society, Represented by its Temporary President, Rama Anandan, Poyyundarkudikadu, Pulavankadu Post, Thiruvonam Panchayat.

7. The Primary Co-Operative Society, Poyyundarkudikadu, Represented by its Secretary, Pulavankadu Post, Thiruvonam Panchayat Union, Orathanadu Taluk, Thanjavur District..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings in Na.Ka. No.2182/2024/Sapa dated 09.09.2024 of the 3rd respondent, quash the same and the registration of the 6th respondent society dated 21.08.2024 as illegal and consequently direct the respondents No.1 to 5 to form the 6th respondent society afresh with all the intended members of the 7th respondent society after due notice to its members, based on the representation dated 12.09.2024 and 28.08.2024 For Petitioner : (*) Mr. A.N. Ramanathan For Respondents: Mr.P.Thilak Kumar for R1 to R7 Government Pleader Mr.A.Albert James for R8 Government Advocate (Crl.side) 2/6

ORDER

(Order of the Court was made by S.SRIMATHY, J.) The petitioner has filed this writ petition challenging the impugned order of the 3rd respondent in Na.Ka.No.2182/2024/Sapa dated 09.09.2024 and consequently to direct the respondents Nos.1 to 5 to form the 6th respondent society afresh with all the intended members of the 7th respondent society after due notice to its members, based on the representations dated 12.09.2024 and 28.08.2024.

2. It is the case of the petitioner that throughout the country, societies were introduced to form 10,000 Farmers Producer Organisation. Accordingly, the petitioner's Panchayat Union was selected to form such a society. As such, the 6th respondent society has been formed in the year 2024 and a temporary President has been appointed. For the said 6th respondent society, the petitioner village people/7th respondent society are eligible to be members of the society. However, no notice was published to include the members from the 7th respondent in the 6th respondent society. Since there was no notice to the petitioner's/7th respondent Society to join and the 6th respondent has published the list of members to the said society through the impugned order, aggrieved by the non selection, the petitioner is before this 3/6

Court with this writ petition styled it as a public interest litigation.

3. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

4. The petitioner is aggrieved by the non selection and that the present committee is not allowing them to become a member of the 6th respondent Society. Moreover it is a newly formed society and the President is only a temporary President. Any society can function only after conduct of the elections. Therefore, we are inclined to suspend the newly formed committee. The third respondent shall appoint a Special Officer and the Special Officer shall receive all the applications including the petitioner and other eligible persons and process the same in accordance with law. Thereafter, the third respondent shall conduct election. The newly elected members shall take over the management of the 6th respondent Society. The entire exercise shall be completed within a period of six months from the date of receipt of a copy of this order.

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5. The writ petition is disposed of accordingly. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- 27.03.2025 (*) Corrected as per order of this Court dated 23/04/2025 made in WP(MD)No.

30865 of 2024 Sd/- Assistant Registrar (CS II) // True Copy // /05/2025 Sub Assistant Registrar (CS- I/ II / III / IV) RR To

1. The District Collector, Thanjavur District, Thanjavur.

2. The Joint Registrar of Co-Operative Societies, Thanjavur, Thanjavur District.

3. The Deputy Registrar of Co-Operative Societies, Pattukkottai, Thanjavur District.

4. The Co-Operative Sub Registrar, Pattukkottai, Thanjavur District.

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5. The Field Officer, Thiruvonam Vattara Ulavar Urpathiyalar Co-Operative Society, Poyyundarkudikadu, Pulavankadu Post, Thiruvonam Panchayat Union, Orathanadu Taluk. +1 CC to M/s.AN.RAMANATHAN, Advocate ( SR-20839[F] dated 28/03/2025 ) +1 CC to M/s.SPL.GP ( SR-21113[F] dated 28/03/2025 )

ORDER

IN WP(MD) No.30865 of 2024 Date : 27/03/2025 KR/05.05.2025 6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6