Dismissed

R.Saravanan v. The Managing Director

Madras HC22 Oct 2024WP(MD)/10263/2024

Case brief

AI extract

What is this about?

A member sought a writ of mandamus to prevent respondents from interfering with the administration of a milk cooperative society and to have its administration handed over. The court held it was a dispute between two registered societies to be resolved under Section 90 of the Cooperative Societies Act before the District Registrar, and dismissed the petition.

What the court decided

AI extract

R.Saravanan Vs The Managing Director — Cooperative Societies | Madras HC (2024)

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W.P.(MD)No.10263 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 22.10.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P.(MD)No.10263 of 2024 and WMP(MD) No.9244 of 2024

R.Saravanan

... Petitioner

1. The Managing Director,

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Tamil Nadu Co-Operative Milk Producers Federation, Chennai.

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2. The General Manager,

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District Co-Operative Milk Producers Union, Theni, Theni District.

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The Deputy Registrar (Dairying), Theni.

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... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, forbearing the respondents in any way interfering with the administration, possession and day to day affairs of the petitioners society namely TID 229 Siththarpatti Colony Milk Productive CoOperative Society, Andipatti Taluk, Theni District except under due process of law and consequently direct the 3rd respondent to hand over the administration of the TID229 Siththarpatti Colony Milk Productive Co-Operative Society, Andipatti

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

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W.P.(MD)No.10263 of 2024

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Taluk, Theni District to the petitioner immediately.

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For Petitioner : Mr. K.Rajeshwaran For Respondents : Ms.J.Devasena (R1,R2) Standing Counsel Mr.D.Sadiq Raja (R3) Additional Government Pleader

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O R D E R

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This Writ Petition has been filed forbearing the respondents in any way interfering with the administration, possession and day to day affairs of the petitioners society namely TID 229 Siththarpatti Colony Milk Productive CoOperative Society, Andipatti Taluk, Theni District except under due process of law and consequently direct the 3rd respondent to hand over the administration of the TID229 Siththarpatti Colony Milk Productive Co-Operative Society, Andipatti Taluk, Theni District to the petitioner immediately.

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2.Heard the learned counsel appearing for the petitioner, learned Standing Counsel appearing for the respondents 1 and 2 and the learned Additional Government Pleader appearing for the third respondent. Perused the materials on record.

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

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W.P.(MD)No.10263 of 2024

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3.It is the case of the petitioner that there is a dispute between the 3 rd

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respondent Society with regard to the administration and selling of milk. One

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portion of land is held by the 3 rd respondent and the other portion is held by the petitioner. Hence, this writ petition has been filed seeking direction.

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4.It is the contention of the learned Standing counsel for the respondents 1 and 2 that the land in question and Bulk Milk Cooler is in the control of the 2 nd respondent and the petitioner is having no right over that.

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5.On perusal of very allegations and counter allegations, it is seen that it is purely a dispute between two registered Societies. Therefore, the petitioner has to raise the dispute before the District Registrar under Section 90 of the Cooperative Societies Act, 1912. It may not be decided in the writ Court.

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6.Accordingly, this writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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22.10.2024

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NCC : Yes/No Index : Yes/No PNM

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

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W.P.(MD)No.10263 of 2024

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The Managing Director, Tamil Nadu Co-Operative Milk Producers Federation, Chennai.

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The General Manager, District Co-Operative Milk Producers Union, Theni, Theni District.

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The Deputy Registrar (Dairying), Theni.

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

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W.P.(MD)No.10263 of 2024

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N.SATHISH KUMAR, J.

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PNM

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ORDER IN W.P.(MD)No.10263 of 2024 and WMP(MD) No.9244 of 2024

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22.10.2024

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

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R.Saravanan v. The Managing Director

Case brief

What is this about?

What the court decided

R.Saravanan v. The Managing Director

Case brief

What is this about?

What the court decided

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