Madras High Court
C.P.Murugan vs The Joint Registrar Of ... on 22 September, 2021
W.P.No.20232 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.20232 of 2021
and W.M.P.Nos.21481 and 21482 of 2021
1.C.P.Murugan
2.R.Krishnaveni
3.S.Narayanan
4.Mani
5.K.Muththal
6.S.Meena
7.S.Hari
8.P.Perumal
(The 1st petitioner is the President and
Petitioners 2 to 8 are Directors of HH568
Periyakallappadi Primary Agricultural
Co-operative Credit Society Ltd.,) …. Petitioners
-Vs-
The Joint Registrar of Co-operative Societies
Tiruvannamalai Region, Tiruvannamalai. … Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
issuance of a Writ of Certiorari calling for the records of the supersession order passed
by the respondent in Na.Ka.No.2261/2021 Sa.Pa. Dated 09.08.2021, quash the same.
For Petitioners : Mr.M.S.Palanisamy
For Respondent : Mr.A.Selvendran, Government Advocate
https://www.mhc.tn.gov.in/judis/
1/4
W.P.No.20232 of 2021
ORDER
This writ petition has been filed challenging the order passed by the respondent
dated 09.08.2021 superseding the society in exercise of the powers conferred under
Section 88 of the Cooperative Societies Act, 1961 (hereinafter referred to as 'the Act').
2. Learned counsel for the petitioners submitted that, the respondent has not
followed the proper procedure as contemplated under the Act and the petitioners have
been deprived of an opportunity and the impugned order passed by the respondent
suffers from violation of the principles of natural justice. The learned counsel also
brought to the notice of this Court the earlier judgments of this Court in “Vallipattu
Primary Agricultural Co-operative Bank C.1056 rep.by its Vice President -Vs-
The Registrar of Co.Op Societies, Kilpauk, Chennai 10 and another” reported in
1998 (II) C.T.C.351 and “M.Marimuthu -Vs- Regional Joint Registrar of Co-
operative Societies, Pudukkottai District” reported in 2014(6) CTC 296.
3. In the considered view of this Court, a careful reading of the order passed by
the respondent shows that opportunity was given to the petitioners to put forth their
defence. Even assuming that there are some procedural infirmities, that by itself is not
a ground for this Court to entertain the present writ petition. The reasons that have
been assigned by the respondent justifies the supersession order passed under Section
88 of the Act.
https://www.mhc.tn.gov.in/judis/
W.P.No.20232 of 2021
4. The petitioners have an effective and efficacious alternative remedy of appeal
under Section 152 of the Act and the petitioners will have to necessarily exhaust that
remedy and it will be left open to the petitioner to raise all the grounds before the
appellate authority. It is made clear that any observations made by this Court in this
order will not influence the appellate authority while dealing with the matter on its own
merits and in accordance with law.
5. In view of the above, this Court is not inclined to entertain this writ petition
and accordingly the same is dismissed. No costs. Consequently, connected
miscellaneous petitions are also dismissed.
22.09.2021
Index : Yes/No
Internet : Yes/No
KST
To
The Joint Registrar of Co-operative Societies
Tiruvannamalai Region, Tiruvannamalai.
https://www.mhc.tn.gov.in/judis/
W.P.No.20232 of 2021
N. ANAND VENKATESH, J.
KST
W.P.No.20232 of 2021
22.09.2021
https://www.mhc.tn.gov.in/judis/
