Madras High Court
Unknown vs The State Of Tamil Nadu on 5 April, 2023
WA(MD)No.377 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.04.2023
CORAM
The Honourable Mr. Justice R.SUBRAMANIAN
and
The Honourable Mrs. Justice L.VICTORIA GOWRI
WA.(MD)Nos.377 & 378 of 2023
CMP(MD) Nos.4137 & 4139 of 2023
1.Z-322 Tiruppuvanam Silk Handloom
Weavers Cooperative Society Limited,
Represented by its President,
G.Thiyagarajan
2.L.S.Jothi
Vice President,
Z-322 Tiruppuvanam Silk Handloom
Weavers Cooperative Society Limited,
34/64 Mela Veedhi, Tiruppuvanam
Thiruvadaimaruthur Taluk, Thanjavur District.
3.Ko.Ki.Bhaskar
Director, Z-322 Tiruppuvanam Silk Handloom
Weavers Cooperative Society Limited,
34/64 Mela Veedhi, Tiruppuvanam
Thiruvadaimaruthur Taluk
Thanjavur District.
4.R.Rajan
Director,Z-322 Tiruppuvanam Silk Handloom
Weavers Cooperative Society Limited,
34/64 Mela Veedhi, Tiruppuvanam
Thiruvadaimaruthur Taluk, Thanjavur District.
Page 1 of 8
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WA(MD)No.377 of 2023
5.M.Baskar
Director
Z-322 Tiruppuvanam Silk Handloom
Weavers Cooperative Society Limited,
34/64 Mela Veedhi, Tiruppuvanam
Thiruvadaimaruthur Taluk
Thanjavur District.
6.S.Prema
Director
Z-322 Tiruppuvanam Silk Handloom
Weavers Cooperative Society Limited,
34/64 Mela Veedhi, Tiruppuvanam
Thiruvadaimaruthur Taluk
Thanjavur District.
7.J.V.Ambikavathy
Director,
Z-322 Tiruppuvanam Silk Handloom
Weavers Cooperative Society Limited,
34/64 Mela Veedhi, Tiruppuvanam
Thiruvadaimaruthur Taluk
Thanjavur District. .. Appellants/Petitioners
in both writ appeals.
8.V.Narayanasamy
Director, Z-322 Tiruppuvanam Silk Handloom
Weavers Cooperative Society Limited,
34/64 Mela Veedhi, Tiruppuvanam
Thiruvadaimaruthur Taluk
Thanjavur District.
9.N.B.Nagendran
Director, Z-322 Tiruppuvanam Silk Handloom
Weavers Cooperative Society Limited,
34/64 Mela Veedhi, Tiruppuvanam
Thiruvadaimaruthur Taluk Thanjavur District.
Page 2 of 8
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WA(MD)No.377 of 2023
10.R.Varalakshmi
Director
Z-322 Tiruppuvanam Silk Handloom
Weavers Cooperative Society Limited,
34/64 Mela Veedhi, Tiruppuvanam
Thiruvadaimaruthur Taluk
Thanjavur District.
11.M.T.Vijayakumar
Ex-Director
Z-322 Tiruppuvanam Silk Handloom
Weavers Cooperative Society Limited,
34/64 Mela Veedhi, Tiruppuvanam
Thiruvadaimaruthur Taluk
Thanjavur District. ... Appellants/petitioners
in WA(MD) No.378/2023
Vs.
1.The State of Tamil Nadu
rep. by its Secretary to Government
Department of Cooperative and Handlooms
Fort St. George,
Chennai 09.
2.The Joint Director of Handlooms
Office of the Director of Handlooms and Textiles,
Chennai 600 018. .. Respondents in
both writ appeals
3.The Assistant Director of Handlooms
Office of the Handloom Assistant Director
HB7 SIDCO Factory, Tiruppuvanam
Thanjavur District ... Respondent in
WA(MD) No.378/2023
https://www.mhc.tn.gov.in/judis
WA(MD)No.377 of 2023
Writ Appeals are filed under Clause 15 of the Letters Patent against
the order dated 25.01.2023 passed in WP(MD) Nos.27619&27620/2022.
For Appellants : Mr.K.P.S.Palanivelrajan
Senior counsel for
Mr.B.Jameelarasu
For Respondents : Mr.Veera Kathiravan
Additional Advocate General
assisted by
Mr.K.S.Selvaganesan
Government Advocate
COMMON JUDGMENT
[Judgment of the Court was delivered by R.SUBRAMANIAN, J.]
Being aggrieved by the order of the Writ Court, dated
25.01.2023 made in W.P(MD)Nos.27619 and 27620 of 2023,
the appellants/writ petitioners are before this Court with
these appeals.
2. The Writ Court has refused to interfere at this stage, since what is
contemplated is only an enquiry. The writ Court has also redressed the
complaint of the petitioner that the petitioners have not been supplied with
the enquiry report under Section 81 of the Cooperative Societies Act, 1983
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WA(MD)No.377 of 2023
(hereinafter referred to as 'the Act').
4. Mr.K.P.S.Palanivelrajan, learned Senior counsel appearing for the
petitioners, would contend that the very initiation of the 81 enquiry is
flawed inasmuch as the order initiating enquiry under Section 81 is not a
speaking order and he would rely upon Rule 104 of the Cooperative Society
Rules to contend that the Registrar shall examine whether there is any need
to hold an enquiry or make an inspection/investigation, as the case may be.
He would also draw our attention to Section 81, which empowers the
Registrar to direct an enquiry on his own motion. Relying upon the
judgment of the Hon'ble Supreme Court in Municipal Corporation of
Greater Mumbai v. Ankita Sinha and others, the learned Senior Counsel
would attempt to project that to exercise suo-motu jurisdiction by the
Registrar, it should be proceeded by an enquiry or the order must disclose a
subjective satisfaction of the Registrar on the need to conduct an enquiry.
We do not think that we can give such a narrow interpretation to the power
conferred on the Registrar to order suo-motu enquiry under Section 81 of
the Act. If the Registrar suspects that there are some irregularities, he can
exercise the power under Section 81 and order a suo-motu enquiry.
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WA(MD)No.377 of 2023
5. This Court has repeatedly held that Section 81 report is only a fact
finding enquiry and further steps have to be taken based on such an enquiry.
The writ Court has given the opportunity to the petitioners to raise all
grounds when subsequent enquiry is initiated. We have also considered the
said provision in W.A(MD) No.345 of 2023 in Arumuga Nainaar v. The
Registrar of Cooperative Societies and others, wherein, we have affirmed
the view of the writ Court. Hence, we do not find any reason to entertain
these writ appeals. The writ appeals fail and the same are dismissed. No
costs. consequently connected Miscellaneous Petitions are closed.
(R.S.M.,J.) (L.V.G.,J.)
05.04.2023
Index : Yes/No
Internet : Yes
RR
To
1.The Secretary to Government
Department of Cooperative and Handlooms
Fort St. George, Chennai 09.
2.The Joint Director of Handlooms
Office of the Director of Handlooms and Textiles,
Chennai 600 018.
3.The Assistant Director of Handlooms
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WA(MD)No.377 of 2023
Office of the Handloom Assistant Director
HB7 SIDCO Factory, Tiruppuvanam, Thanjavur District
https://www.mhc.tn.gov.in/judis
WA(MD)No.377 of 2023
R.SUBRAMANIAN,J.
and
L.VICTORIA GOWRI,J.
RR
WA .(MD)Nos.377 and 378 of 2023
05.04.2023
https://www.mhc.tn.gov.in/judis
