Disposed

Murugesan v. Vs The Joint Registrar of Co-Operative Societies

Madras HC16 Jun 2025WP(MD)/16064/2025

Case brief

AI extract

What is this about?

A member of a co-operative society challenged an order sanctioning construction of a retail shop on society land, contending tender procedures were not followed. The court held it was a policy decision, a member cannot seek writ relief, but permitted a representation for reconsideration.

What did the court decide?

Liberty to petitioner to give representation to first respondent for reconsideration; respondent to dispose of it on merits within fifteen days. No costs.

Murugesan v Vs The Joint Registrar of Co-Operative… — Cooperative Societies | Madras HC (2025)

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W.P(MD)No.16064 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Writ Petition(MD)No.16064 of 2025 and W.M.P(MD)Nos.12151 & 12153 of 2025

V.Murugesan

..Petitioner

Vs.

1.The Joint Registrar of Co-operative Societies, Kanyakumari Region, Collector Office New Building, 2^nd Floor, Nagercoil-629 001, Kanyakumari District.

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2.Deputy Registrar of Co-operative Societies, Palace Road, Thuckalay – 629 175, Kalkulam Taluk, Kanyakumari District.

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3.Administrator,

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Thuckalay Primary Labour Contract Society, Taluk Office Campus, Thuckalay – 629 175, Kanyakumari District.

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... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records relating to the impugned order passed by the 1^st respondent in Na.Ka. 111/2025/Nu.Ku dated 10.03.2025 and quash the same as illegal.

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

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W.P(MD)No.16064 of 2025

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For Petitioner : Ms.J.Aswini

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For Respondents : Mr.C.Satheesh Govt. Advocate

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ORDER

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Mr.C.Satheesh, learned Government Advocate, takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

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The petitioner is a member of the third respondent society, namely, Thuckalay Primary Labour Contract Society. He has filed the present writ petition challenging the impugned order passed by the first respondent/Joint Registrar of Co-operative Societies, Kanyakumari Region in Na.Ka. 111/2025/Nu.Ku dated 10.03.2025. The relevant portion of the impugned order of the first respondent reads as follows:

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W.P(MD)No.16064 of 2025

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It is the further case of the petitioner that unnecessarily the first respondent has directed the third respondent to put up a construction for Rs.13,00,000/-. It is submitted that the proposed construction has been put up for a retail shop in 376 square feet of vacant land of the third respondent society. It is the further case of the petitioner that there is no use for this retail shop, as already a retail shop is functioning on the ground floor of the same building along with a ration shop. It is further submitted that it is very difficult to park the lorries if the entrance of the campus is restricted by a new building on the vacant land. It is further submitted that a small shop on 376 square feet of land is estimated to cost of Rs.13 lakhs for a plain building. It is higher than the Government prescribed rate. Therefore, the impugned order sanctioning forthcoming building for a new retail shop is liable to be quashed.

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On the other hand, the learned Government Advocate for the respondents drew the attention of this court in G.O.Ms.No.103, Finance (Salaries) Department, dated 11.04.2022. It is submitted that the value of the construction is only Rs.13 lakhs, and it is therefore a low-value procurement, and therefore, the proposed construction is strictly in accordance with the aforesaid Government Order. Therefore, there is no violation in the impugned order.

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W.P(MD)No.16064 of 2025

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I have considered the submissions of the both the learned

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counsels and perused the impugned order and the Government Order in G.O.Ms.No.103, Finance (Salaries) Department, dated 11.04.2022.

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The objection of the petitioner that the procedure prescribed under the Tamil Nadu Transparency in Tenders Act and Rules has not been followed cannot be countenanced in view of the above-said Government Order in G.O.Ms.No.103, Finance (Salaries) Department, dated 11.04.2022. It is the policy decision of the respondents to put up a retail shop. Therefore, as a member, the petitioner cannot ask for any relief by way of a writ petition. Hence, there is no merit in the second appeal. However, liberty is given to the petitioner to give a representation to the first respondent to reconsider the decision contained in the impugned order, giving reasons as to why the proposed construction need not be put up. In case such representation is given, the first respondent shall consider and dispose of the same on its own merits within fifteen days.

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With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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16.06.2025

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NCC : Yes/No Index : Yes/No Internet:Yes skn

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W.P(MD)No.16064 of 2025

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1.The Joint Registrar of Co-operative Societies, Kanyakumari Region, Collector Office New Building, 2^nd Floor, Nagercoil-629 001, Kanyakumari District.

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2.Deputy Registrar of Co-operative Societies, Palace Road, Thuckalay – 629 175, Kalkulam Taluk, Kanyakumari District.

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3.Administrator, Thuckalay Primary Labour Contract Society, Taluk Office Campus, Thuckalay – 629 175, Kanyakumari District.

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W.P(MD)No.16064 of 2025

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C.SARAVANAN, J.

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skn

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Writ Petition(MD)No.16064 of 2025 and W.M.P(MD)Nos.12151 & 12153 of 2025

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16.06.2025

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

Murugesan v. Vs The Joint Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

Murugesan v. Vs The Joint 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

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