The Single Judge disposed of two writ petitions challenging a supersession order under the Tamilnadu Co-operative Societies Act. The court directed the filing of statutory appeal and interim relief applications.
Permitted to file statutory appeal under Section 152(2); permitted to seek interim relief; status quo maintained till 17.07.2023.
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.Nos.12685 & 7757 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2023
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.Nos.12685 & 7757 of 2023
and W.M.P.Nos.12469, 12471, 7957 & 7959 of 2023
1.P.Shankar 2.M.Santhakumar 3.T.Murugan 4.L.Kannapiran 5.T.Bellie 6.A.Senthilkumar 7.M.Sivalingam 8.P.Venkatesh 9.M.Srinivasan 10.S.Nagaveni 11.N.D.Mamtha 12.B.Kavithamani 13.Sasi Amorpavam 14.Sillisai 15.N.Meena .. Petitioners in both writ petitions
vs
1.The Joint Registrar of Cooperative Societies, The Nilgiris Region, Additional Collectorate, Udhagamandalam, Nilgiris District.
2.The Managing Director, The Nilgiris Cooperative Enterprises Ltd., Udhagamandalam, Nilgiris District. .. Respondents in both writ petitions
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Prayer in W.P.No.12685 of 2023: Petition filed under Article 226 of the Constitution of India praying to issue writ of certiorari calling for the records in Na.Ka.No.4137/2023/A3 dated 17.04.2023 of the 1st respondent under Section 88(1) of the Tamilnadu Co-operative Societies Act superseding the elected management committee and quash the same as arbitrary, illegal and against the statutory requirements by allowing the petitioner's management committee to complete its full term as per the election certificate.
Prayer in W.P.No.7757 of 2023: Petition filed under Article 226 of the Constitution of India praying to issue writ of certiorarified mandamus calling for the records in Na.Ka.No.4137/2022/A3 dated 21.02.2023 submitted under Section 81 of the Tamilnadu Cooperative Societies Act, 1983 and quash the same, direct the respondents to furnish the General Report to the petitioners.
For Petitioners : Mr.J.Kamaraj (in both writ petitions) For Respondents : Mr.K.V.Sajeev Kumar Special Government Pleader for R1 (in both writ petitions)
COMMON ORDER
Mr.K.V.Sajeev Kumar, learned Special Government
Pleader, accepts notice for R1 and is armed with instructions to enable final disposal of this matter even now. R2 is the Managing Director of the Nilgiris Co-operative Enterprises Limited and the petitioners are elected members of R2.
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W.P.Nos.12685 & 7757 of 2023
supersession of the Board passed under Section 88 (1) of the Tamilnadu Co-operative Societies Act, 1983 (in short, 'Act'). Between passing of the impugned order and today, Mr.Sajeev Kumar, confirms that no special officer has been appointed and thus, and as R2 cannot be expected to function without a Board of Directors, the petitioners are deemed to be continuing till such time a Special Officer is appointed. This order is passed in light of the aforesaid position.
“.....
3. It is made clear that the proceedings as
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proposed under the impugned communication will go on as it is the respondents' specific case that all the documents relied on by the petitioners and as directed by this court vide order dated 07.02.2023 in W.P.No.3538 of 2023 have been supplied to the petitioners.”
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of 60 days from date of receipt of order for filing of an appeal and sub-section (6) thereof provides for appropriate interim relief to be sought and obtained for before the appellate authority.
(i) The petitioners are permitted to file
statutory appeal in terms of Section 152(2) of the Act.
(ii) They are also permitted to
approach the appellate authority by way of applications seeking interim relief, as appropriate.
(iii) The applications seeking interim
relief shall be disposed by the appellate authority within a period of four weeks from date of institution thereof, subject to appeals being maintainable.
(iv) Till such time i.e., for a period of four weeks from the date of institution of stay application or till 17.07.2023, whichever is earlier, status quo shall be maintained by the
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respondents.
order. No costs. Connected miscellaneous petitions are closed.
24.04.2023
Index:Yes/No Neutral Citation:Yes ssm
Note to Registry : Issue on 26.04.2023.
To:
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W.P.Nos.12685 & 7757 of 2023
DR. ANITA SUMANTH,J.
ssm
W.P.Nos.12685 & 7757 of 2023
24.04.2023
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3 issues framed by the court
Whether the petitioners should be allowed to file a statutory appeal under Section 152(2) against the supersession order.
Whether interim relief applications can be filed before the appellate authority.
Whether status quo must be maintained during the pendency of the appeal.
Colour shows how this judgement treated each authority
State of Madhya Pradesh and others v Sanjay Nagayach and othersDistinguished¶6
(2013) 7 SCC 225 · Who else cites this
6 provisions across 2 enactments
1.P.Shankar, 2.M.Santhakumar, etc.
The Joint Registrar of Cooperative Societies, The Nilgiris Region
The Managing Director, The Nilgiris Cooperative Enterprises Ltd.
Dr. Justice Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
