Madras High Court
P.Shankar vs The Joint Registrar Of ... on 24 April, 2023
W.P.Nos.12685 & 7757 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2023
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.Nos.12685 & 7757 of 2023
and
W.M.P.Nos.12469, 12471, 7957 & 7959 of 2023
1.P.Shankar
2.M.Santhakumar
3.T.Murugan
4.L.Kannapiran
5.T.Bellie
6.A.Senthilkumar
7.M.Sivalingam
8.P.Venkatesh
9.M.Srinivasan
10.S.Nagaveni
11.N.D.Mamtha
12.B.Kavithamani
13.Sasi Amorpavam
14.Sillisai
15.N.Meena .. Petitioners
in both writ petitions
vs
1.The Joint Registrar of Cooperative Societies,
The Nilgiris Region,
Additional Collectorate,
Udhagamandalam,
Nilgiris District.
2.The Managing Director,
The Nilgiris Cooperative Enterprises Ltd.,
Udhagamandalam,
Nilgiris District. .. Respondents
in both writ petitions
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W.P.Nos.12685 & 7757 of 2023
Prayer in W.P.No.12685 of 2023: Petition filed under Article 226
of the Constitution of India praying to issue writ of certiorari
calling for the records in Na.Ka.No.4137/2023/A3 dated
17.04.2023 of the 1st respondent under Section 88(1) of the
Tamilnadu Co-operative Societies Act superseding the elected
management committee and quash the same as arbitrary, illegal
and against the statutory requirements by allowing the petitioner's
management committee to complete its full term as per the
election certificate.
Prayer in W.P.No.7757 of 2023: Petition filed under Article 226
of the Constitution of India praying to issue writ of certiorarified
mandamus calling for the records in Na.Ka.No.4137/2022/A3 dated
21.02.2023 submitted under Section 81 of the Tamilnadu
Cooperative Societies Act, 1983 and quash the same, direct the
respondents to furnish the General Report to the petitioners.
For Petitioners : Mr.J.Kamaraj
(in both writ petitions)
For Respondents : Mr.K.V.Sajeev Kumar
Special Government Pleader
for R1
(in both writ petitions)
COMMON ORDER
Mr.K.V.Sajeev Kumar, learned Special Government
Pleader, accepts notice for R1 and is armed with instructions to
enable final disposal of this matter even now. R2 is the Managing
Director of the Nilgiris Co-operative Enterprises Limited and the
petitioners are elected members of R2.
2. Impugned order dated 17.04.2023 is an order of
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W.P.Nos.12685 & 7757 of 2023
supersession of the Board passed under Section 88 (1) of the
Tamilnadu Co-operative Societies Act, 1983 (in short, 'Act').
Between passing of the impugned order and today, Mr.Sajeev
Kumar, confirms that no special officer has been appointed and
thus, and as R2 cannot be expected to function without a Board of
Directors, the petitioners are deemed to be continuing till such
time a Special Officer is appointed. This order is passed in light of
the aforesaid position.
3. The petitioners have approached this Court twice
earlier, once by way of W.P.No.3538 of 2023, which was disposed
on 07.02.2023. The prayer was for quashing of a show-cause
notice dated 19.12.2022 and the writ petition was closed recording
the willingness of the petitioners to cooperate in the enquiry and
directing the respondents to furnish a copy of the enquiry report in
terms of Section 81 of the Act.
4. The petitioners approached this Court yet again in
W.P.No.7757 of 2023 challenging the Section 81 report dated
21.02.2023. That writ petition is pending and when the matter had
come up for admission on 13.03.2023, I had recorded as follows:-
“.....
3. It is made clear that the proceedings as
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W.P.Nos.12685 & 7757 of 2023
proposed under the impugned communication
will go on as it is the respondents' specific case
that all the documents relied on by the
petitioners and as directed by this court vide
order dated 07.02.2023 in W.P.No.3538 of
2023 have been supplied to the petitioners.”
5. In light of the order being passed now, W.P.No.7757 of
2023 is directed to be listed under a special list today, is so listed,
and is also disposed under this very order. Thus, this constitutes a
common order disposing both W.P.No.7757 of 2023 as well as
W.P.No.12685 of 2023. The consent of both parties for disposal as
aforesaid is recorded.
6. It is the case of the petitioners that the impugned
order has not taken note of various factual matrices and that their
supersession is incorrect in light of the judgment of the Hon'ble
Supreme Court in the case of State of Madhya Pradesh and others
v Sanjay Nagayach and others (2013) 7 SCC 225.
7. The averments that are put forth before me now touch
upon appreciation of various facts and seeing as the impugned
order is appealable in terms of Section 152(2) of the Act, it is
appropriate that the petitioners approach the appellate authority
by way of statutory appeal. Section 152(3) provides for a limitation
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W.P.Nos.12685 & 7757 of 2023
of 60 days from date of receipt of order for filing of an appeal and
sub-section (6) thereof provides for appropriate interim relief to be
sought and obtained for before the appellate authority.
8. In light of the aforesaid, the following order is passed:-
(i) The petitioners are permitted to file
statutory appeal in terms of Section 152(2) of
the Act.
(ii) They are also permitted to
approach the appellate authority by way of
applications seeking interim relief, as
appropriate.
(iii) The applications seeking interim
relief shall be disposed by the appellate
authority within a period of four weeks from
date of institution thereof, subject to appeals
being maintainable.
(iv) Till such time i.e., for a period of
four weeks from the date of institution of stay
application or till 17.07.2023, whichever is
earlier, status quo shall be maintained by the
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W.P.Nos.12685 & 7757 of 2023
respondents.
9. Writ petitions stand disposed in terms of the above
order. No costs. Connected miscellaneous petitions are closed.
24.04.2023
Index:Yes/No
Neutral Citation:Yes
ssm
Note to Registry : Issue on 26.04.2023.
To:
1.The Joint Registrar of Cooperative Societies,
The Nilgiris Region,
Additional Collectorate,
Udhagamandalam,
Nilgiris District.
2.The Managing Director,
The Nilgiris Cooperative Enterprises Ltd.,
Udhagamandalam,
Nilgiris District.
https://www.mhc.tn.gov.in/judis
W.P.Nos.12685 & 7757 of 2023
DR. ANITA SUMANTH,J.
ssm
W.P.Nos.12685 & 7757 of 2023
24.04.2023
https://www.mhc.tn.gov.in/judis
