Dismissed

M.Subramanian v. The Registrar of Co-operative societies

Madras HC13 Sept 2023WP/4392/2023

Case brief

AI extract

What is this about?

Writ petition challenging permanent disqualification order under Section 36 of Tamil Nadu Cooperative Societies Act, 1983. Court held alternative statutory appeal exists. Petition dismissed with liberty to file appeal, excluding writ period from limitation. Connected petitions closed.

What did the court decide?

The writ petition is dismissed. Liberty granted to file statutory appeal under Section 152(2)(a)(v); time taken in writ petition excluded from limitation. Connected miscellaneous petitions closed.

M.Subramanian Vs The Registrar of Co-operative societies — Cooperative Societies | Madras HC (2023)

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W.P.No.4392 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.09.2023

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CORAM

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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W.P.No.4392 of 2023 and

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W.M.P.Nos.4429 and 11284 of 2023

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1.M.Subramanian

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2.A.Vimala

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3.K.V.Babu ... Petitioners

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vs.

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1.The Registrar of Co-operative Societies (Housing), Tamil Nadu Co-operative Society Limited, No.40, Ritherdon Road, Veperry, Chennai 600 007.

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2.The Managing Director,

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Tamil Nadu Co-operative Housing Federation Limited, No.40, Ritherdon Road, Veperry, Chennai – 600 007.

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3.The Deputy Registrar (Housing), Chengalpet Region, No.26B, Alagesan Nagar, Opp. to E.B. Office, Chengalpet. ... Respondents

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1/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.4392 of 2023

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the order dated 20.01.2023 in Na.Ka.NO.4765/2022/SP2 of the 1 st Respondent and quash the same.

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For Petitioners : Mrs.AL.Gandhimathi Senior Advocate for Mr.L.Palanimuthu For Respondents : Mrs.S.Anitha Special Government Pleader

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O R D E R

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The writ petition is filed challenging the order passed by 1^st respondent disqualifying the petitioners permanently from holding any post in the Co-operative Society under Section 36 of the Tamil Nadu Cooperative Societies Act, 1983.

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As against the order passed under Section 36 of the Tamil Nadu

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Co-operative Societies Act, 1983, disqualifying the office bearers, an appeal shall lie under Section 152 (2) (a) (v) of the Tamil Nadu Co-operative Societies Act, 1983 to the Government.

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2/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.4392 of 2023

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In view of the alternative remedy available to the petitioners, this

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Court is not inclined to entertain the writ petition. Therefore, the writ petition is dismissed with liberty to the petitioners to file statutory appeal under Section 152 (2)(a)(v) of the Tamil Nadu Co-operative Societies Act, 1983. While calculating the limitation for filing appeal, the petitioners are entitled to exclude the time taken in prosecuting the present writ petition namely date of filing of writ petition (09.02.2023) to the date of receipt of copy of the order. No costs. Consequently, the connected miscellaneous petitions are closed.

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13.09.2023

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Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dm To

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1.The Registrar of Co-operative Societies (Housing), Tamil Nadu Co-operative Society Limited, No.40, Ritherdon Road, Veperry, Chennai 600 007.

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2.The Managing Director, Tamil Nadu Co-operative Housing Federation Limited, No.40, Ritherdon Road, Veperry, Chennai – 600 007.

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3.The Deputy Registrar (Housing), Chengalpet Region, No.26B, Alagesan Nagar, Opp. to E.B. Office, Chengalpet.

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https://www.mhc.tn.gov.in/judis

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W.P.No.4392 of 2023

S.SOUNTHAR, J.

W.P.No.4392 of 2023

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13.09.2023

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https://www.mhc.tn.gov.in/judis

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4/4

M.Subramanian v. The Registrar of Co-operative societies

Case brief

What is this about?

What did the court decide?

M.Subramanian 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

Case details

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