Allowed

A.Rajendran, v. The Registrar of Cooperative

Madras HC6 Jan 2016WP/140/2016

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras disposed of a writ petition where the petitioner, an elected President of a cooperative society, challenged his removal via a communication by the Vice President without due procedure. The Court directed the third respondent to consider the representation and pass a speaking order.

What did the court decide?

The writ petition is disposed of with a direction to the third respondent to consider the petitioner's representation on merits and pass a speaking order within four weeks.

A.Rajendran, Vs The Registrar of Cooperative — Service and Employment | Madras HC (2016)

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In the High Court of Judicature at Madras

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Dated : 06.1.2016

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Coram :

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The Honourable Mr.Justice T.S.SIVAGNANAM

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Writ Petition No.140 of 2016

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A.Rajendran, President, Kothamangalam Fisheries Cooperative Society, Kothamangalam, Paramathivelur Taluk, Namakkal District. ...Petitioner Vs

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1.The Registrar of Cooperative Societies/ Director of Fisheries, DMS Compound, Teynampet, Chennai-18.

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2.The Deputy Director of Fisheries, No.5/596, Ovvaiyar Street, Opp. : Collectorate, Dharmapuri.

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3.The Assistant Director of Fisheries, Mettur Dam, Salem District. ...Respondents

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PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider and pass orders on merits by disposing the written representation made by the petitioner on 10.12.2015 within a time stipulated time as this Court fixes.

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For Petitioner : Mr.C.Prakasam

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For Respondents : Mr.D.Venkatachalam, GA

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ORDER

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Mr.D.Venkatachalam, learned Government Advocate takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

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The petitioner, who is an elected president of a cooperative society, has filed this writ petition seeking a direction to the respondents to consider his representation dated 10.12.2015. In the said representation, the petitioner has sought to set aside the alleged communication of the Vice President of the society dated 7.12.2015, in and by which, the petitioner was removed from the post of President without following due procedure.

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

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It is not known as to how the Vice President of a society could pass such an order. An elected President of a society cannot be removed from the elected office without following due procedure contemplated under the Tamil Nadu Cooperative Societies Act, 1988 and the Rules framed thereunder. This aspect of the matter has to be considered by the respondents and appropriate action should be taken on the petitioner's representation dated 10.12.2015.

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In view of the above, the writ petition is disposed of with a direction to the third respondent to consider the petitioner's representation dated 10.12.2015 on merits and after issuing notice to all concerned, pass a speaking order in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.

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-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Registrar of Cooperative Societies/Director of Fisheries, Chennai-18. 2.The Deputy Director of Fisheries, Opp. : Collectorate, Dharmapuri. 3.The Assistant Director of Fisheries, Mettur Dam, Salem District. +1 cc to Mr.C.Prakasam Advocate sr.758 +1 cc to Mr.D.Venkatachalam Advocate sr.972 WP.No.140 of 2016

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msm(co) aa21/01/2016

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

A.Rajendran, v. The Registrar of Cooperative

Case brief

What is this about?

What did the court decide?

A.Rajendran, v. The Registrar of Cooperative

Case brief

What is this about?

What did the court decide?

What the court decided

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