A writ petition challenging a General Body Meeting was dismissed. The Court held that since the respondent President was not officially disqualified or removed, he was entitled to conduct the meeting as per society bye-laws.
The writ petition forbidding the respondent from conducting the meeting was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2019
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
W.P.No.419 of 2019 and W.M.P.No.428 of 2019
K.Punniyakoti ... Petitioner
Versus 1. The Registrar of Co-operative Societies(Housing) Tamilnadu Co-operative Housing Federation, NO.48, Ritherdon Salai, Veppery, Chennai - 600 007.
PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the 2nd respondent from conducting General Body Meeting to be half on 12.01.2019 or any subsequent dates for the 2nd respondent society.
For Petitioner : Mr. C.Prakasam
For Respondents: Mr. L.P.Shanmugasundaram,
Spl. Government Pleader,
ORDER
This writ petition has been filed forbearing the second respondent from conducting a General Body Meeting to be held on 12.01.2019.
Sd/Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mrp To
The Registrar of Co-operative Societies(Housing) Tamilnadu Co-operative Housing Federation, NO.48, Ritherdon Salai, Veppery, Chennai - 600 007. +1cc to Mr.C.Prakasam, Advocate Sr.4256 +1cc to Mr.L.P.Shamugasundaram, Advocate sr.3647 +1cc to M/S.Karan & Uday, Advocate Sr.3380
W.P.No.419 of 2019 and W.M.P.No.428 of 2019
sj[co] srg 14/03/2019
1 issue framed by the court
Whether a petitioner can seek an order restraining an elected President of a society from conducting a General Body Meeting without prior disqualification or removal from the post.
K. Punniyakoti
The Registrar of Co-operative Societies (Housing) Tamilnadu Co-operative Housing Federation
The President, VSNL Employees Co-operative Housing Society Ltd.
Joseph Manoharan
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
