Petitioner sought mandamus directing the Registrar to appoint a Special Officer under Section 89 of the Tamil Nadu Co-operative Societies Act to administer the fourth respondent Society. The Court dismissed the petition as infructuous, holding the society was already closed/wound up.
No costs. Connected miscellaneous petitions closed.
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.
W.P.(MD)No.3493 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
W.P.(MD)No.3493 of 2013 and M.P(MD) Nos.1 & 2 of 2013
S.Periyasamy
... Petitioner
Vs.
1.The District Collector and The Assistant Director, Geology and Mines, Pudukkottai District, Pudukkottai.
2.The Deputy Registrar of Cooperative Societies, Pudukkottai District.
3.The Assistant Director, Geology and Mines, Office of the Collector, Pudukkottai District, Pudukkottai. 4.Y.P. 675, Pudukkottai District Released Bonded Labour Rehabilitation Cooperative Society, Kalthachampatty Village, Poruvai Post, Illupur Taluk, Pudukkottai. 5.Vijayan, The Special Officer, Y.P. 675, Pudukkottai District Released Bonded Labour Rehabilitation Cooperative Society, Kalthachampatty Village, Poruvai Post, Illupur Taluk, Pudukkottai. 6.Pudukkottai District Central Co-operative Bank, Represented by the Manager, Illuppur Branch, Pudukkottai District. ... Respondents
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W.P.(MD)No.3493 of 2013
PRAYER :- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent to appoint a Special Officer under Section 89 of the Tamil Nadu Co-operative Societies Act or any other personnel to administer the fourth respondent Society.
For Petitioner : Mrs.D.Geetha For R1 to R3 & R6 : Mr.N.Senthil Ayyanar Government Advocate
O R D E R
This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to appoint a Special Officer under Section 89 of the Tamil Nadu Co-operative Societies Act or any other personnel to administer the fourth respondent Society.
2. Heard the learned counsel appearing for the petitioner and learned Government Advocate appearing for respondents 1 to 3 and 6.
3. When the matter is taken up, learned Government Advocate appearing for the respondents 1 to 3 and 6 submitted that the fourth respondent Society, which was established for the welfare of bonded labour, is closed. The petitioner-bonded labour was one of the members of the fourth respondent Society.
4. In view of the winding up of the fourth respondent Society, the prayer sought for in this writ petition to direct the second respondent to appoint a Special Officer under Section 89 of the Tamil Nadu Co-operative Societies Act or any other personnel to administer the fourth respondent Society, does not survive. The prayer in this writ petition has become infructuous and therefore, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
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W.P.(MD)No.3493 of 2013
To
3.The Assistant Director, Geology and Mines, Office of the Collector, Pudukkottai District, Pudukkottai.
W.P.(MD)No.3493 of 2013 06.06.2022
ks(CO) TR(14.06.2022) 3P 6C
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1 issue framed by the court
Whether a writ of mandamus to appoint a Special Officer can be issued to administer a cooperative society that has been closed and its winding up is complete.
2 provisions across 2 enactments
S.Periyasamy
The District Collector and The Assistant Director, Geology and Mines, Pudukkottai District
The Deputy Registrar of Cooperative Societies, Pudukkottai District
Y.P. 675, Pudukkottai District Released Bonded Labour Rehabilitation Cooperative Society
6.Pudukkottai District Central Co-operative Bank
G.Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
