Madras High Court

R.Veeramani vs The Registrar Of Cooperative ... on 24 May, 2023

                                                                               W.P.No.16009 of 2023


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 24.05.2023

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                            W.P.No.16009 of 2023 &
                                            W.M.P.No.15449 of 2023


                    1. R.Veeramani
                    2. G.N.Kamalanaban
                    3. V.R.Prakash
                    4. R.Tamilselvi
                    5. A.Abdul Wahaf
                    6. M.P.Paramaguru
                    7. B.Asaimani
                    8. M.Krishnan
                    9. M.Devi
                    10. S.Arivalazhagan
                    11. A.Ilayakrishnan                                    ... Petitioners

                                                        Vs

                    The Registrar of Cooperative Societies,
                    No.49, Ritherton Road, Chennai – 60 007.               ... Respondent

                    Prayer:- Writ Petition filed under the Article 226 of Constitution of India,
                    to issue a Writ of Mandamus forbearing the respondent from proceeding
                    the disqualification notice under section 36 of the Tamil Nadu Co-operative
                    Societies Act in Na.Ka.No.193/223/sa.pa2          dated 10.01.2023        and
                    consequential summon       issued   in Na.Ka.No.193/2023/sa.pa2          dated

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                                                                                 W.P.No.16009 of 2023


                    17.05.2023 without submitting the petitioners explanation in the notice by
                    the petitioners representation dated 12.05.2023.

                                  For petitioner      : Mr.M.S.Palaniswamy

                                  For Respondent      : Mr.U.Bharanidharan
                                                        Additional Government Pleader


                                                        ORDER

The petitioners, who are President and Office bearers of the Chennai

Metropolitan Co-operative Housing Society Ltd., have approached this

Court for a Mandamus forbearing the respondent from proceeding the

disqualification notice issued under section 36 of the Tamil Nadu Co-

operative Societies Act in Na.Ka.No.193/223/sa.pa2 dated 10.01.2023 and

consequential summon issued in Na.Ka.No.193/2023/sa.pa2 dated

17.05.2023.

2. The case of he petitioners is that the petitioners have been

democratically elected as the President and Members of the Chennai

Metropolitan Co-operative Housing Society Limited in the year 2018 and

they have been discharging their duties as per the Society's Bye-Laws.

https://www.mhc.tn.gov.in/judis W.P.No.16009 of 2023

Since they belong to different political parties, the respondent is attempting

to disqualify the petitioners by initiating proceedings under section 36 of

the Tamil Nadu Co-operative Societies Act. Therefore, the petitioners, on

receipt of the notice from the respondent, sought copy of the documents

which have been relied on by the respondent in the enquiry contemplated

as against them and the same has not been furnished. The petitioners have

also filed W.P.Nos.5349 of 2023, 6640 of 2023 and 7160 of 2023 for a

Mandamus forbearing the respondent from proceeding further on the basis

of the disqualification notice, without furnishing the copies of the

documents requested by the petitioners vide their representations dated

21.01.2023 and 13.02.2023. This Court by an Order dated 23.02.2023

disposed of the Writ Petition with a direction to the respondent to furnish

the documents mentioned in the disqualification notice dated 10.01.2023

within a period of two weeks from the date of receipt of a copy of this

Order. Pursuant to the Order of this Court dated 23.02.2023, the

respondent has furnished the copy of the documents only on 28.04.2023,

which was received by the petitioners on 06.05.2023, with a voluminous

4,675 papers. Therefore, to go through the papers and to submit their

explanation based on the documents, the petitioners sought time and the

https://www.mhc.tn.gov.in/judis W.P.No.16009 of 2023

same was not considered by the respondent. Hence, the present Writ

Petition.

3. The learned Additional Government Pleader appearing for the

respondent strongly opposed the Writ Petition contending that the

petitioners are following delaying tactics and he has also filed the written

communication received from the Housing Department which discloses the

dates and events in the enquiry contemplated as against the petitioners,

which reads as follows :

                     Sl.                           Event                            Dated
                     No.
                    1       Order of Statutory Enquiry under section 81 of 29.03.2022
                            TNCS Act 1983
                    2.      Submission of Enquiry report                       06.10.2022

3. Deputy Registrar [Housing], Chennai Region 09.01.2023 proposal to initiate proceedings under section 36 of TNCS Act 1983

4. Statutory Notice under section 36 of TNCS Act 10.01.2023 1983 by Registrar of Cooperative Societies [Housing]

5. Letters of board of directors seeking Additional 21.01.2023 & particulars 13.02.2023

6. Judgments in Writ Petitions filed by the board of directors before Honourable High Court of Madras to provide for additional particulars a] W.P.No.5349 of 2023 23.02.2023

https://www.mhc.tn.gov.in/judis W.P.No.16009 of 2023

Sl. Event Dated No.

                            b] W.P.No.6640 of 2023                             03.03.2023
                            c] W.P.No.7160 of 2023                             09.03.2023

7. As sought for by the board of directors, Additional 09.03.2023 particulars consisting of Page No.1 to 311 to each of the board of directors was sent vide letter Rc.No.193/2023/SF2 dated 09.03.2023 by Registrar of Cooperative Societies [Housing]

8. Following 09.03.2023 dated letter the board of 13.03.2023 directors asked further more records and in addition 14.03.2023 to that they again asked for attested copies of 15.03.2023 already sent particulars through letter dated 09.03.2023

9. As sought for by the board directors, this time 28.04.2023 Additional particulars consisting of 4675 pages including attested copies of previously sent document was sent to each of the board of directors vide letter cum summon Rc.No.193/2023/SF2 ated 28.04.2023 by Registrar of Cooperative Societies [Housing]

10. Board of directors letters seeking further more time 12.05.2023 to submit the explanation

11. 1st Hearing Date 17.05.2023

12. Since board of directors asked for further more time 17.05.2023 2nd summon was issued vide Rc.No.193/2023/SF2 dated 17.05.2023

13. 2nd Hearing Date 26.05.2023

4. This Court considered the rival submissions.

5. The respondent has initiated proceedings under section 36 of the

https://www.mhc.tn.gov.in/judis W.P.No.16009 of 2023

Tamil Nadu Co-operative Societies Act. The petitioners approached this

Court for a direction to the respondent to furnish the copy of the documents

relied on by the respondent in the disqualification proceedings and those

documents were furnished to the petitioners along with summons dated

28.04.2023, which according to the petitioners was received only on