Allowed

J.Benavanthur Raj, v. the Registrar of Co-Operative

Madras HC22 Aug 2019WP/18937/2011

Case brief

AI extract

What is this about?

High Court directed the Registrar of Co-operative Societies to dispose of a pending revision petition filed under Section 153 of the Tamil Nadu Co-operative Societies Act within eight weeks, issuing a writ of mandamus to ensure timely hearing and disposal on merits.

What did the court decide?

Direction issued to 1st respondent to dispose of Revision Petition under Section 153 of Tamil Nadu Co-operative Societies Act within eight weeks.

J.Benavanthur Raj, Vs the Registrar of Co-Operative — Cooperative Societies | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.08.2019

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CORAM :

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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W.P.No.18937 of 2011 and M.P.No.1 of 2011

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J.Benavanthur Raj S/o.(Late) P.Joseph ...Petitioner

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Versus

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1.The Registrar of Co-operative Societies, N.V.N.Natarajar Maligai, Kilpauk, Chennai-10. 2.The Deputy Registrar of Co-operative Societies, Nagercoil 629 001. ...Respondents

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Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the 1^st respondent to consider the Revision Petition dated 16.06.2011 filed by the petitioner under Section 153 of the Tamil Nadu Co-operative Societies Act and pass orders on merits by hearing the parties within a stipulated period.

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For Petitioner : Mr.R.Prem Narayan For Respondents : Mrs.T.Girija Government Advocate (Co-operative Societies)

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ORDER

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This writ petition has been filed seeking to direct the 1^st respondent to consider the Revision Petition dated 16.06.2011, filed by the petitioner under Section 153 of the Tamil Nadu Co-operative Societies Act and pass orders.

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2.The petitioner is the Chief Promoter of Kanyakumari District Self-Finance Colleges Employees Co-operative Thrift and Credit Society. The said Society was promoted with an intention to provide service to the employees of self-finance colleges. Though, there are about 156 self financing colleges functioning in the District, only one Co-operative Society is registered in Thucklay. Therefore, the petitioner promoted the said Society in order to cater the needs of many employees of self-finance

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

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colleges and many employees have joined as members of the society. While so, the Secretary of the rival society has made a complaint that there cannot be two societies in one District. Based on the complaint, the 2^nd respondent issued show cause notice dated 21.07.2010, to review the registration and without considering the explanation given by the petitioner, the 2^nd respondent issued an order in proceedings dated 06.08.2010 dissolving the society and thereafter the petitioner could not run the society. Aggrieved by the said proceedings, the petitioner filed a revision petition before the 1^st respondent on 16.06.2011 under Section 153 of the Tamil Nadu Co-operative Societies Act and also filed a stay petition. Since no orders have been passed, the petitioner has filed the present petition with the aforesaid prayer.

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3.Heard Mr.R.Prem Narayan, learned counsel appearing for the petitioner and Mrs.T.Girija, learned Government Advocate appearing for the respondents.

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4.The learned counsel for the petitioner submitted that the revision petition under Section 153 of the Tamil Nadu Cooperative Societies Act is filed as early as in the year 2011. Till now, the 1^st respondent has not disposed of the same. Hence, he prays for a direction to the 1^st respondent to dispose of the above revision petition as early as possible.

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5.The learned Government Advocate appearing for the respondents - Co-operative Societies acceded to the submission made by the learned counsel for the petitioner and submitted that this court may issue direction to the 1^st respondent to dispose of the revision petition filed under Section 153 of the Act.

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6.In view of the limited prayer sought for by the petitioner, this Court is inclined to issue direction to the 1^st respondent to dispose of the revision petition filed by the petitioner under Section 153 of the Tamilnadu Co-operative Societies Act, and dispose of the same on merits and in accordance with law within a period of eight weeks from the date of receipt of copy of this order, if not already disposed.

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7.With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar

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

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1.The Registrar of Co-operative Societies,

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N.V.N.Natarajar Maligai, Kilpauk, Chennai-10.

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2.The Deputy Registrar of Co-operative Societies, Nagercoil 629 001.

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+1 cc to The Special Government Pleader, Sr.No. 72666

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AKM/20.09.19/3P-4C /
W.P.No.18937 of 2011

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

J.Benavanthur Raj, v. the Registrar of Co-Operative

Case brief

What is this about?

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J.Benavanthur Raj, v. the Registrar of Co-Operative

Case brief

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What the court decided

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