Disposed

N.R.Chandrasekaran, v. The Registrar

Madras HC4 Feb 2016WP/1244/2016

Case brief

AI extract

What is this about?

High Court closed two writ petitions challenging notices under the Tamil Nadu Cooperative Societies Act. The court observed that a subsequent order had seized the matter with the Registrar, rendering the challenge against the initial notices inexecutable.

What did the court decide?

The Writ Petitions were closed and the interim order was vacated without expressing an opinion on the merits.

N.R.Chandrasekaran, Vs The Registrar — Company and Corporate | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 04.02.2016

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Coram

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The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition Nos.1244 and 1245 of 2016 and W.M.P.Nos.988 and 989 of 2016

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N.R.Chandrasekaran President,

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3324, Nerinjipettai Primary Agricultural Cooperative Credit Society Ltd., Nerinjipettai, Nerinjipettai Post, Anthiyur Taluk, Erode District.

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Anthiyur Taluk, Erode District. ...Petitioner in both W.Ps. Vs. 1. The Registrar, Tamil Nadu Cooperative Society, 194, EVR Periyar Salai, Kilpauk, Chennai - 600 010. 2. The Joint Registrar, Tamil Nadu Cooperative Society, Erode Region, Erode. 3. The Deputy Registrar, Tamil Nadu Cooperative Society, Gopi Circle, Gopichettipalayam, Erode District.

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N.R.Govindarajar R-4 impleaded as per today's order passed in W.M.P.Nos.3659 & 3660/2016 of present W.Ps.

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... Respondents in both W.Ps. Prayer in W.P.No.1244 of 2016:

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Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari to call for records, relating to the proceedings of the second respondent, dated 09.12.2015, in Na.Ka.No.8282/2015/SB, and to quash the same.

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

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Prayer in W.P.No.1245 of 2016:

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For Petitioner : Mr.A.R.L.Sundaresan Senior Counsel for M/s.AL.Ganthimathi Associates

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For Respondent- 1 : Mr.D.Venkatachalam Government Advocate

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For Respondents-2 &3 : Mr.Bala Ramesh

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Additional Government Pleader

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For Respondent-4 : Mr.C.Prakasam (newly impleaded) COMMON O R D E R

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The petitioner has filed these Writ Petitions, challenging the notices issued under Section 88 (1) of the Tamil Nadu Cooperative Societies Act, 1983, dated 09.12.2015.

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When these matters came up before this Court on 28.01.2016, submission was made by the learned Senior Counsel appearing for the petitioner that the Joint Registrar of the Cooperative Societies has no jurisdiction to deal with the matter, as he is not empowered to act, nor, he is a delegate of Registrar of the Co-operative Societies. This contention has been today found to be not tenable, in the light of the notification issued by the Government, vide G.O.(2D) No.109 Cooperation, Food and Consumer Protection Department, dated 31.08.2005. This notification empowers the Joint Registrar of the Co-operative Society to exercise his power as that of a Registrar under the Rules, in respect of the Primary or Central Society. In the instant cases, the matters relates to the Primary Agricultural Co-operative Credit Societies, and therefore, the Joint Registrar is the competent authority to deal with the matter. This being the only reason, this Court was convinced to grant interim order, by making the observation that final orders shall not be passed, which has to be necessarily vacated.

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It is pointed out by the learned counsel for the fourth respondent (newly impleaded party) that, pursuant to the direction issued by this Court in W.P.No.31500 of 2015, dated 30.10.2015, entire matter is now seized of by the Registrar of Co-operative Societies, and the Registrar has issued notice,

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

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dated 18.01.2016, bearing R.C.No.95642/2015, fixing the date of hearing on 28.01.2016.

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Thus, in the light of the subsequent development taken place, and the Registrar having been empowered to enquire into the matter, the challenge made to the notices, dated 09.12.2015, cannot be entertained at this stage. Accordingly, the Writ Petitions stands closed and the interim order is vacated. It is made clear that, this Court has not expressed any opinion regarding the merits of the case, and, it is open to the petitioner to defend himself in the proceedings. No costs. Consequently, connected Miscellaneous Petitions are closed.

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Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
To
1. The Registrar,
Tamil Nadu Cooperative Society,
194, EVR Periyar Salai,
Kilpauk, Chennai - 600 010.
2. The Joint Registrar,
Tamil Nadu Cooperative Society,
Erode Region, Erode.
3. The Deputy Registrar,
Tamil Nadu Cooperative Society,
Gopi Circle, Gopichettipalayam,
Erode District.
+1cc to Mr.C.Prakasam, Advocate, S.R.No.7560
+1cc to M/S.AL.Ganthimathi, Advocate, S.R.No.7715
+1cc to the Government Pleader, S.R.No.7547

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Writ Petition Nos.1244 and 1245 of 2016

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sai(CO) srg(23/02/2016)

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

N.R.Chandrasekaran, v. The Registrar

Case brief

What is this about?

What did the court decide?

N.R.Chandrasekaran, v. The Registrar

Case brief

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What did the court decide?

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