Disposed

T.P.Subbarayan v. The State of Tamil Nadu

Madras HC7 Jul 2021WP/13915/2021

Case brief

AI extract

What is this about?

In a common order disposing of 11 writ petitions, the Madras High Court rejected claims by elected President/officers of cooperative societies seeking protection from tenure termination. The Court directed that allegations of irregularities be addressed by authorities following statutory procedures under the Tamil Nadu Cooperative Societies Act, 1983.

What did the court decide?

Writ petitions dismissed; authorities directed to follow statutory procedures for inquiring into irregularities; no costs.

T.P.Subbarayan Vs The State of Tamil Nadu — Cooperative Societies | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.07.2021

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CORAM:

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THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR

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W.P.Nos.13915,	13918, 13921, 13924, 13962, 13960,14011 and	13928, of 20	13929, 13930, 13931, 21
WMP.No.14787 of	2021 and all other c Petition	onnect s.	ed Writ Miscellaneous
T.P.SUBBARAYAN	... PETITIONER	in WP	No.13915 of 2021
R.TAMIL SELVI	... PETITIONER	in WP	No.13918 of 2021
R.SAVITHRI	... PETITIONER	in WP	No.13921 of 2021
R.VENKATACHALAM	... PETITIONER	in WP	No.13924 of 2021
K.NATESAN	... PETITIONER	in WP	No.13928 of 2021
R.ASHOKAN	... PETITIONER	in WP	No.13929 of 2021
A.GANESAN	... PETITIONER	in WP	No.13930 of 2021
S.SELVARAJU	... PETITIONER	in WP	No.13931 of 2021
K.CHANDRAN	... PETITIONER	in WP	No.13962 of 2021
R.SARASWATHI	... PETITIONER	in WP	No.13960 of 2021
M.DHANASEKARAN	... PETITIONER vs.	in WP	No.14011 of 2021

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1.The State of Tamil Nadu,

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Represented by its Principal Secretary to Government,

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Cooperation, Food and Consumer Protection Department,

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Fort St.George, Chennai-600 009.

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2.The Registrar of Cooperative Societies, No.170, NV Natarajan Maaligai, EVR High Road, Poonamallee High Road, Kilpauk, Chennai-600 010.

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

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3.The Election Commission, Tamil Nadu Cooperative Societies, Represented by its Election Commissioner, No.170, NV Natarajan Maaligai, EVR High Road, Poonamallee High Road, Kilpauk, Chennai-600 010. ... Respondents in all WPs

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These Writ Petitions are filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus WP No.13915 of 2021:

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forbearing the Respondents from dissolving or prematurely terminating the tenure of the petitioner as the President of the Thathayangarpatti Primary Agriculture Co- operative Credit Society elected in the year 2018 in the elections conducted in accordance with the Tamil nadu Co- Operative Societies Act 1983 and the Tamil nadu Co- Operative Societies Rules 1988.

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WP No.13918 of 2021:

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forbearing the Respondents from dissolving or prematurely terminating the tenure of the petitioner as the President of the N.Thottankurpatti Primary Agriculture Co- operative Credit Society, elected in the year 2018, in the elections conducted in accordance with the Tamil nadu Co- Operative Societies Act, 1983, and the Tamil nadu Co- Operative Societies Rules, 1988.

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WP No.13921 of 2021:

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forbearing the Respondents from dissolving or prematurely terminating the tenure of the petitioner as the President of the Kosavampatti Primary Agriculture Co- operative Credit Society, elected in the year 2018, in the elections conducted in accordance with the Tamil nadu Co- Operative Societies Act, 1983, and the Tamil nadu Co- Operative Societies Rules, 1988.

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WP No.13924 of 2021:

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forbearing the Respondents from dissolving or prematurely terminating the tenure of the petitioner as the President of the A.K.Samuthiram Primary Agriculture Co- operative Credit Society, elected in the year 2018, in the elections conducted in accordance with the Tamil nadu Co- Operative Societies Act, 1983, and the Tamil nadu Co- Operative Societies Rules, 1988.

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

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WP No.13928 of 2021:

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forbearing the Respondents from dissolving or prematurely terminating the tenure of the petitioner as the President of the Minnampalli Primary Agriculture Co- operative Credit Society, elected in the year 2018, in the elections conducted in accordance with the Tamil nadu Co- Operative Societies Act, 1983, and the Tamil nadu Co- Operative Societies Rules, 1988.

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WP No.13929 of 2021:

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forbearing the Respondents from dissolving or prematurely terminating the tenure of the petitioner as the President of the Ramanayakkanpatti Primary Agriculture Co- operative Credit Society, elected in the year 2018, in the elections conducted in accordance with the Tamil nadu Co- Operative Societies Act, 1983, and the Tamil nadu Co- Operative Societies Rules, 1988.

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WP No.13930 of 2021:

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forbearing the Respondents from dissolving or prematurely terminating the tenure of the petitioner as the President of the Pachal Primary Agriculture Co- operative Credit Society, elected in the year 2018, in the elections conducted in accordance with the Tamil nadu Co- Operative Societies Act, 1983, and the Tamil nadu Co- Operative Societies Rules, 1988.

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WP No.13931 of 2021:

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Forbearing the Respondents from dissolving or prematurely terminating the tenure of the petitioner as the President of the Sellapanpatty Primary Agriculture Co- operative Credit Society, elected in the year 2018, in the elections conducted in accordance with the Tamil nadu Co- Operative Societies Act, 1983, and the Tamil nadu Co- Operative Societies Rules, 1988.

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WP No.13962 of 2021:

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forbearing the Respondents from dissolving or prematurely terminating the tenure of the petitioner as the president of the S.1077 Aavalnaickanpatti Primary Agriculture Co-Operative credit society, elected in the year 2018 in the election conducted in accordance with the Tamil Nadu Co-Operative societies Act 1983 and the Tamilnadu Co-operative societies Rules, 1988.

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WP No.13960 of 2021:

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forbearing the Respondents from dissolving or prematurely terminating the tenure of the petitioner as the president of the Ind.No.837, Velur Ladies Readymade Garment Markers Industrial

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

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co-operative society, elected in the year 2018 in the election conducted in accordance with the Tamil Nadu Co-Operative societies Act 1983 and the Tamilnadu Co-operative societies Rules, 1988.

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WP No.14011 of 2021:

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forbearing the Respondents from dissolving or prematurely terminating the tenure of the petitioner as the president of the S.No.208,Pallipalayam Farmers service Co-operative society elected in the year 2018 in the election conducted in accordance with the Tamil Nadu Co-Operative societies Act 1983 and the Tamilnadu Co-operative societies Rules, 1988.

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For Petitioners(in all Wps) W.P.Nos.13915, 13918, 13921, 13924, 13928, 13929, 13930, 13931 : Mr.N.Inbanathan W.P.Nos.13962, 13960,14011 : Mr.L.P.Shanmugasundaram

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For Respondents(in all Wps) : Mr.A.Selvendran, Government Advocate for RR1 & 2 Mr.U.Karunakaran, for R3

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COMMON ORDER

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These writ petitions have been filed by the elected office bearers of the Cooperative Societies, seeking for a direction forbearing the respondents from dissolving or prematurely terminating the tenure of the petitioner as President/officer bearers of the respective Cooperative Credit Societies, elected in the year 2018, in the elections conducted in accordance with the Tamil Nadu Cooperative Societies Act, 1983 and the Tamil Nadu Cooperative Societies Rules, 1988.

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Since the issue involved in these writ petitions are identical, they are disposed of by this common order.

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The issue involved in these Writ Petitions has been squarely covered by a common order, dated 05.07.2021 passed by this Court in a batch of Writ Petitions in W.P.Nos.12706 of 2021 etc., The relevant portion of the order dated 05.07.2021, in paragraph nos.13 to 17 are extracted as under:

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

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13..............Therefore, it is for the authorities concerned to enquire into the irregularities committed by any office bearers of the Societies and to take action against the office bearers concerned by following the procedures contemplated under the Tamil Nadu Cooperative Societies Act, 1983 and Rules, 1988. Hence, at this stage, this Court will not wish to decide the allegations of the petitioners raised in these writ petitions, as the contentions raised by the parties in all these writ petitions have to be raised before the appropriate forum at a later stage.

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Though the petitioners made allegations against the officials of the respondents with regard to interfering and harassing the petitioners without following due process of law, at this stage, the same cannot be gone into by this Court without placing any supporting materials to substantiate these allegations.

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The learned counsel for the parties have raised the issue/contention with regard to maintainability of the writ petitions. This Court has not gone into the issue with regard to maintainability of the writ petitioners, in view of the statement made by the first respondent in the Status Report.

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This Court has recorded above, the submission made by the learned Advocate General, based on the Status Report of the first respondent. It is made clear that if any action taken by the respondents is contrary to the procedures as contemplated under the Tamil Nadu Cooperative Societies Act, 1983 and Rules, 1988, it is always open to the elected office bearers of the Societies to agitate the same before the appropriate forum.

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With the above observations, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. “

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

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The above said order will hold good for the present Writ Petitions also. Accordingly, these writ petitions are disposed of on the above observation. No costs. Consequently, connected miscellaneous petitions are closed.

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Sd/-

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Assistant Registrar(CS V)

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//True Copy//

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Sub Assistant Registrar

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