Dismissed

R S Bharathi v. Nanganallur Cooperative Housing Societies

Madras HC4 Jun 2024WA/461/2021

Case brief

AI extract

What is this about?

The High Court dismissed the writ appeal filed by a society president seeking to set aside an order directing completion of surcharge proceedings. The bench held that the Registrar must complete the enquiry under Section 87 of the Tamil Nadu Co-operative Societies Act, adhering to due process, within three months.

What did the court decide?

The Writ Appeal was dismissed; the 3rd respondent was directed to complete proceedings and pass orders within three months.

R S Bharathi Vs Nanganallur Cooperative… — Public Procurement and Tenders | Madras HC (2024)

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W.A.No.461 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.06.2024

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CORAM

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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W.A.No.461 of 2021

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and

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C.M.P.No.1823 of 2021

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R.S.Bharathi

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... Appellant

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1.Nanganallur Cooperative Housing Societies, Rep. by its President, Mr.V.Barani Prasad, The President, Nanganallur Co-operative Building Society, No.12, First Main Road, Nanganallur, Chennai – 600 061.

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2.Chief Secretary,

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Department of Housing and Urban Development, Secretariat, George Town, Chennai – 600 009.

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3.Registrar, Co-operative Societies (Housing), Tamil Nadu Co-operative Housing Federation Campus (II Floor), No.48, Ritherdon Road, Vepery, Chennai – 600 007.

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Page 1 of 6

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W.A.No.461 of 2021

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4.Deputy Registrar, Co-operative Societies (Housing), No.18, Varadarajanar Street, Vedachalam Nagar, Chengalpattu. ... Respondents

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Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the final order dated 14.08.2020 passed in W.P.No.10635 of 2020, on the file of this Court.

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For Appellant	: Ms.Shalini.E For M/s.P.Wilson Associates
For R1	: Mr.N.Manokaran
For R2	: Mr.D.Gopal Government Advocate
For R3 & R4	: Mr.S.Ravikumar Special Government Pleader [For Co-operative Society]

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J U D G M E N T

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[Judgment was delivered by S.M.SUBRAMANIAM, J. ]

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The order dated 14.08.2020 passed in W.P.No.10635 of 2020 is

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sought to be set aside in the present writ appeal instituted by the Former

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Page 2 of 6

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W.A.No.461 of 2021

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President of Nanganallur Co-operative Housing Society.

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Based on the fact finding inspection report under Section 82 of the Tamil Nadu Co-operative Societies Act, 1983 surcharge proceedings were initiated under Section 87 of the Act. Notice under Sub Section (1) to 87 was issued on 27.01.2004. However, no final order has been passed under Section 87 of the Act on account of various reasons.

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The 1^st respondent / Nanganallur Co-operative Housing Society filed the writ petition for a mandamus to direct the Deputy Registrar of Cooperative Societies (Housing), Chengalpattu to expeditiously complete the surcharge proceedings initiated in TT.No.10 of 2003 E.

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The learned Single Judge issued a direction to the 3^rd respondent to complete enquiry proceedings and pass final orders within a period of eight weeks from the date of receipt of a copy of the order.

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Ms.E.Shalini, learned counsel for the petitioner vehemently

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contended that the direction issued by the learned Single Judge would offend

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W.A.No.461 of 2021

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the rights of the parties. Such an argument is untenable in view of the fact that the authorities are bound to afford opportunity during the course of enquiry.

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We do not find any reason to interfere with the order, since the Writ Court has issued a direction to follow due process complete the enquiry and pass final orders. All the grounds raised between the parties including legal issues can be decided by the 3^rd respondent, since he is exercising the quasijudicial powers under the Tamil Nadu Co-operative Societies Act.

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The competent authority is bound to follow the procedures as contemplated under Section 87 of the Act and complete the proceedings by affording opportunities to all the parties and pass final orders. Due to pendency of the writ appeal no final order has been passed. Thus, we are inclined to direct the 3^rd respondent to complete the proceedings and pass orders within a period of three (3) months from the date of receipt of a copy of this order.

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W.A.No.461 of 2021

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With the above directions, the Writ Appeal stands disposed of.

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Consequently, connected Miscellaneous Petition is closed. However, there

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shall be no order as to costs.

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[S.M.S., J.] [C.K., J.] 04.06.2024

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Jeni

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Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No

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1.The Chief Secretary, Department of Housing and Urban Development, Secretariat, George Town, Chennai – 600 009.

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2.The Registrar, Co-operative Societies (Housing), Tamil Nadu Co-operative Housing Federation Campus (II Floor), No.48, Ritherdon Road, Vepery, Chennai – 600 007.

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3.The Deputy Registrar, Co-operative Societies (Housing), No.18, Varadarajanar Street, Vedachalam Nagar, Chengalpattu.

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https://www.mhc.tn.gov.in/judis Page 5 of 6

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W.A.No.461 of 2021

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S.M.SUBRAMANIAM, J. and C.KUMARAPPAN, J.

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Jeni

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W.A.No.461 of 2021

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04.06.2024

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R S Bharathi v. Nanganallur Cooperative Housing Societies

Case brief

What is this about?

What did the court decide?

R S Bharathi v. Nanganallur Cooperative Housing Societies

Case brief

What is this about?

What did the court decide?

What the court decided

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