The Court dismissed a writ petition challenging a show cause notice issued by the Additional Registrar of Cooperative Societies against a bank President. The Court held the petition was premature and noted independent application of mind by the issuing authority.
Writ Petition and Connected Miscellaneous Petition dismissed with no costs.
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.No.16199 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2023
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.No.16199 of 2023
and
W.M.P.No.15587 of 2023
P.Chandrasekaran, S/o.Mr.S.Paramasivam, President in charge, Chennai Port Trust Employees Cooperative Bank Old No.37, New No.110, Sembudoss Street,
Chennai - 600 001.
.. Petitioner
Vs
.. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records relating to the
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W.P.No.16199 of 2023
impugned proceeding dated 03.05.2023 vide Na.Ka.No.1581/2023/E2 issued under Section 88(1) of the Tamil Nadu Co-operative Societies Act, 1983 on the file of the 2nd respondent and quash the same as being illegal, arbitrary and unconstitutional and to the pass such other orders or directions to meet the ends of justice.
For Petitioner : Mr.R.Balaramesh
For Respondents : Mr.K.V.Sajeev Kumar Special Government Pleader
O R D E R
When the matter had been listed for admission on 01.06.2023, the
following order was passed:
The challenge is to a show cause notice that proceeds on the basis
that the petitioner, the President incharge of the Chennai Port Trust Employees Cooperative Bank, should not be made answerable to the allegations raised by the Managing Director of the Bank, seeing as, in hierarchy the Board stands far above the Managing Director.
2.Let Mr.Vadivelu, learned Additional Government Pleader, who
accepts notice for the Registrar of Cooperative Societies/R1, take instructions on the short point as to whether the impugned show cause notice issued by the Additional Registrar of Cooperative Societies is correct
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W.P.No.16199 of 2023
and whether R2 has acted in propriety.
3.List on 05.06.2023 at the end of admission list. Counter/Written
instructions by then within an advance copy served upon the petitioner.
the Additional Registrar of Cooperative Societies/R2, who has issued impugned notice dated 03.05.2023, is empowered under the provisions of the Tamil Nadu Cooperative Societies Act, 1987 to issue the said notice.
impropriety by the Board and only calls upon the Board members to tender a response to the same.
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W.P.No.16199 of 2023
DR. ANITA SUMANTH,J.
mature. That apart, the petitioner has also filed its reply on 25.05.2023. Let the reply be considered, the Board members heard and a view taken by R2 in accordance with law.
Miscellaneous Petition is also dismissed.
05.06.2023
Index:Yes/No Speaking order Neutral Citation:Yes/No sl
To
W.P.No.16199 of 2023 and W.M.P.No.15587 of 2023
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2 issues framed by the court
Whether the writ petition challenging a show cause notice issued by the Additional Registrar is premature.
Whether the petitioner's argument regarding the hierarchy between the Board and Managing Director exposes the notice to legal challenge.
P.Chandrasekaran
Registrar of Cooperative Societies
Additional Registrar of Cooperative Societies
Deputy Registrar of Co-operative Societies (Credit)
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
