Disposed

Chellarajan.C v. the Registrar of Co-Operative Societies

Madras HC30 Nov 2021WP(MD)/16758/2021

Case brief

AI extract

What is this about?

This writ petition petitioned for a mandamus directing cooperative society registrars to initiate action against erring officials and transfer secretaries periodically. The court noted action was already initiated and directed the registrar to file an annual report on steps taken and dispositions.

What did the court decide?

The writ petition is disposed of. The petitioner is directed to file an annual report before the Registrar (Judicial) regarding action taken on erring officials.

Chellarajan.C Vs the Registrar of Co-Operative Societies — Cooperative Societies | Madras HC (2021)

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W.P(MD)No.16758 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2021 CORAM : THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and

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THE HONOURABLE THIRU.JUSTICE P.VELMURUGAN

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W.P(MD)No.16758 of 2021

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C.Chellarajan ... Petitioner

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vs.

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1. The Registrar of Co-operative Societies, No.170, Periyar EVR High Ways, Keelpakkam,

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Chennai-10.

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1. The Joint Registrar of Co-operative Societies, Nagercoil,

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Kanyakumari District.

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1. The Deputy Registrar of Co-operative Societies, Thuckalay Division,

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Palace Road, Thuckalay, Kanyakumari District. ... Respondents

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Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to initiate appropriate action on erring officials of the societies as well as to effect periodical transfer to the secretaries of the societies so as to develop the status of the societies by considering the representation of the petitioner dated 19.04.2021.

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For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.P.Subbaraj Special Government Pleader

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ORDER

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(Order of the Court was made by PUSHPA SATHYANARAYANA, J. )

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The petitioner has sought for a Mandamus, directing the respondent to initiate appropriate action, on the erring officials of the societies and also to effect periodical transfer to the secretaries of the societies, so as to develop the status of the societies, by considering the representation of the petitioner dated 19.04.2021.

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A counter affidavit has been filed by the Joint Registrar of Co-operative Societies, who is the 2^nd respondent. The various societies and also the irregularities committed in the said societies and the action taken on the erring employees, including https://hcservices.ecourts.gov.in/hcservices/

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W.P(MD)No.16758 of 2021

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the cases filed against them, are tabulated by the respondents in support of the counter affidavit. In fact, it is stated that in Kanyakumari, there are 115 Primary Agricultural Co-operative Credit Societies, of which, 34 societies are coming under the Nagercoil Circle and 81 societies come under the Thuckalay Circle.

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Sofaras the allegations made in the writ petition is concerned that some of the secretaries are doing parallel business in Benami's name, pledging the jewels in others' name etc., action has been taken on the basis of audit, Section 81 enquiry and Section 82 inspection etc. Wherever there are transfers or suspension, it appears that they have moved this Court and obtained order of stay, by filing writ petitions.

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The grievance of the petitioner is that in all these Cooperative Societies, the office-bearers, including the President, joined together in doing the misdeeds and misappropriating the public money, that is one of the reasons why he says periodical transfers of the secretaries of the societies should be done, to have a check over the said deeds. There are also illegalities in the appointment of Salesman and the irregularities are committed only on the strength of their post, which the secretaries are holding for a substantial period. Atleast when the irregularities are pointed out by the petitioner and they have come to light, the appropriate authorities should take action and be vigilant and also work out the modality to curtail such kind of misdeeds in future. The 1^st respondent also can consider transfer of the secretaries once in two or three years, instead of allowing them to squat on one place for a substantial number of years, get familiarised with the persons and make use of the said appointment, for committing the irregularities.

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As the action has been initiated by the 1^st respondent in this regard, this Writ Petition is closed for the present. However, the 1^st respondent is directed to file a report periodically, atleast once in a year before the Registrar(Judicial) of this Court, about the action taken against the erring officials and also the follow-up action.

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With the above direction, the Writ Petition is disposed of. No costs.

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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

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W.P(MD)No.16758 of 2021

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bala To

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The Registrar of Co-operative Societies, No.170, Periyar EVR High Ways, Keelpakkam, Chennai-10.

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1. The Joint Registrar of Co-operative Societies, Nagercoil, Kanyakumari District.

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The Deputy Registrar of Co-operative Societies, Thuckalay Division,

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Palace Road,

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Thuckalay,

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Kanyakumari District.

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Copy to

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The Registrar Judicial, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.SPL GP ( SR-36739[F] dated 01/12/2021 ) +1 CC to M/s.S.C. HEROLD SINGH, Advocate ( SR-36660[F] dated 01/12/2021 )

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W.P(MD)No.16758 of 2021 DATED : 30.11.2021

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SK(CO) KB(10.12.2021) 3P 7C

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

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Chellarajan.C v. the Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

Chellarajan.C v. the Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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