Madras High Court
Gowri Shankar. M vs N.Babu on 8 February, 2022
W.A.No.193 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY,J.
W.A.No.193 of 2022
Gowri Shankar. M .. Appellant
Vs.
1. N.Babu
2. The Union of India
rep. by its Secretary
Ministry of Agriculture & Farmers Welfare
Department of Agriculture, Cooperation and
Farmers' Welfare
Krishi Bhavan, New Delhi-110114.
3. The Joint Secretary to the Government of India
and the Central Registrar of Cooperative Societies
Government of India
Ministry of Agriculture & Farmers' Welfare
Room No.297D
Office of the Central Registrar of Cooperative Societies
Krishi Bhavan
New Delhi-110114.
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W.A.No.193 of 2022
4. The Government Telecommunication
Employees Cooperative Society Ltd.,
rep. by its Secretary
Regd. office at No.37A, Sembudoss Street
Chennai-1.
5. The Chief General Manager (Tamil Nadu Circle)
Bharat Sanchar Nigam Ltd. (BSNL)
Vigilance, No.16, BSNL Teleshoppe,
Greams Road, Thousand Lights, Chennai-2.
6. The Chief General Manager (Chennai Circle)
Bharat Sanchar Nigam Ltd. (BSNL)
Vigilance, No.78, Purasaiwakkam High Road
Chennai-10.
7. The Director General of Income Tax
(Intelligence and Criminal Investigation)
E-2, Ara Centre, Jhandewalan Extension
Jhandewalan, New Delhi-110 005.
8. The Director of Income Tax (Criminal Investigation)
No.108, Mahatma Gandhi Road
Nungambakkam, Chennai-34.
9. The Commissioner of Police
Greater Chennai Police
No.132, Commissioner Office Building
EVK Sampath Road, Vepery, Chennai-7.
10.The Registrar of Cooperative Societies
170, Periyar EVR High Road, Kilpauk , Chennai-10.
11.The Inspector General of Registration
No.100, Santhome High Road
Raja Annamalaipuram, Chennai-28.
12.The District Registrar, Chennai South
No.9. Jeenis Road, Saidapet, Chennai-15.
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W.A.No.193 of 2022
13.The Sub-Registrar-Avadi
Office of the Sub-Registrar Avadi
Kulakkarai Street, Vivekananda Nagar
TNHB MIG V Block, Avadi, Chennai-71.
14.M/s.OTCO International Ltd.
rep. by its Managing Director
Regd. Office at No.1/1, 21st Cross
CMH Road, Lakshmipuram, Halasuru
Bangalore 560 008, Karnataka.
15.M/s.Jesus Ministries
rep. by its Managing Trustee
No.105/229, MTH Salai, Villivakkam
Chennai 600 049. .. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent to set aside the
order dated 24.9.2021 in WMP No.4678 of 2021 in W.P.No.4099 of
2021.
For the Appellant : Mr.P.Wilson, Senior Counsel
for M/s.P.Wilson Associates
For the Respondents : Mr.Arun Anbumani for
Mr.S.Senthilnathan
for respondent-1
Mr.V.Chandrasekaran,
Senior Panel Counsel
for respondent-2
Mr.M.Srinivasan
for respondent-4
Mr.A.Selvendran
Spl. Govt. Pleader (Co.op)
for respondent-10
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W.A.No.193 of 2022
JUDGMENT
(Judgment was delivered by
the Hon'ble Acting Chief Justice)
With the agreement of all the parties, the writ appeal was heard
finally.
2. In this writ appeal, a challenge was made to the order dated
24.09.2021 passed in the Miscellaneous Petition by the learned Single
Judge. Learned counsel appearing for the appellant has referred to the
prayer made in the writ petitions. One writ petition was filed by the
Member of the Multi Level Society and the other by the Society itself.
Several allegations regarding the management of the affairs of the
Society were made.
3. Learned counsel appearing for the appellant, referring to the
prayer made in the writ petitions, submits that the learned Single
Judge should not have passed an order going beyond the prayer made
in the writ petitions. He further submits that when Sections 77 and 122
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W.A.No.193 of 2022
of the Multi State Co-operative Societies Act, 2002 give power to the
Central Government to direct a Special Audit in certain cases, the
learned Single Judge should not have constituted a Committee headed
by a retired Judge, ignoring Sections 77 and 122 of the Act of 2002.
In the light of the aforesaid, the judgment of the learned Single Judge
has been challenged.
4. Learned counsel appearing for the respondents have no
objection if the judgment of the learned Single Judge is modified and a
direction is given to the Central Government to refer the matter to the
Special Audit under Sections 77 and 122 of the Act of 2002.
5. Learned counsel for the appellant rather submits that the writ
petition was filed, when the representation for constitution of Special
Audit was not considered by the Central Government. In view of the
aforesaid agreement, the judgment of the learned Single Judge may
be substituted.
6. At this stage, a joint prayer is made that during the
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W.A.No.193 of 2022
intervening period, when the matter is referred to and report is given
by the Special Audit under Sections 77 and 122 of the Act of 2002, the
Society should be restrained from selling the land further. It is keeping
in mind the interest of the Society and its Members.
7. In view of the aforesaid, the order of the learned Single Judge
is set aside to the extent it directs for the constitution of a Committee
headed by a retired Judge of the High Court. A direction is given to the
Central Government to exercise the power under Sections 77 and 122
of the Act of 2002 and refer the matter to the Special Audit within a
period of one month from the date of receipt of a copy of this order.
Till the report is given by the Special Audit, the Society is restrained
from selling the land any further.
8. The direction aforesaid has been given not only on the
agreement of both the parties before this Court, but to save the
interest of the Society looking into the serious allegations in regard to
the management and its affairs.
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W.A.No.193 of 2022
9. The writ appeal is disposed of with the aforesaid directions.
Consequently, C.M.P.No.1424 of 2022 is also closed. There will be no
order as to costs.
(M.N.B., ACJ.) (D.B.C., J.)
08.02.2022
Index : Yes/No
kpl/drm
To:
1. The Secretary
Ministry of Agriculture & Farmers Welfare
Department of Agriculture, Cooperation and
Farmers' Welfare
Krishi Bhavan, New Delhi-110114.
2. The Joint Secretary to the Government of India
and the Central Registrar of Cooperative Societies
Government of India
Ministry of Agriculture & Farmers' Welfare
Room No.297D
Office of the Central Registrar of Cooperative Societies
Krishi Bhavan, New Delhi-110114.
3. The Government Telecommunication
Employees Cooperative Society Ltd.,
rep. by its Secretary
Regd. office at No.37A, Sembudoss Street
Chennai-1.
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W.A.No.193 of 2022
4. The Chief General Manager (Tamil Nadu Circle)
Bharat Sanchar Nigam Ltd. (BSNL)
Vigilance, No.16, BSNL Teleshoppe,
Greams Road, Thousand Lights, Chennai-2.
5. The Chief General Manager (Chennai Circle)
Bharat Sanchar Nigam Ltd. (BSNL)
Vigilance, No.78, Purasaiwakkam High Road
Chennai-10.
6. The Director General of Income Tax
(Intelligence and Criminal Investigation)
E-2, Ara Centre, Jhandewalan Extension
Jhandewalan, New Delhi-110 005.
7. The Director of Income Tax (Criminal Investigation)
No.108, Mahatma Gandhi Road
Nungambakkam, Chennai-34.
8. The Commissioner of Police
Greater Chennai Police
No.132, Commissioner Office Building
EVK Sampath Road
Vepery, Chennai-7.
9. The Registrar of Cooperative Societies
170, Periyar EVR High Road, Kilpauk, Chennai-10.
10.The Inspector General of Registration
No.100, Santhome High Road
Raja Annamalaipuram, Chennai-28.
11.The District Registrar, Chennai South
No.9. Jeenis Road, Saidapet, Chennai-15.
12.The Sub-Registrar-Avadi
Office of the Sub-Registrar Avadi
Kulakkarai Street, Vivekananda Nagar
TNHB MIG V Block, Avadi, Chennai-71.
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W.A.No.193 of 2022
M.N.BHANDARI, ACJ
AND
D.BHARATHA CHAKRAVARTHY,J.
(kpl/drm)
W.A.No.193 of 2022
08.02.2022
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