Madras High Court
C.Manimaran vs The Joint Registrar Of Cooperative ... on 29 October, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.31613 of 2024
and W.M.P.No.34365 & 34366 of 2024
C.Manimaran ... Petitioner
Vs.
1.The Joint Registrar of Cooperative Societies,
Ariyalur Region, Ariyalur,
Ariyalur District.
2.The Deputy Registrar of Cooperative Societies,
Ariyalur Circle,
Ariyalur District.
3.The Sub registrar/Enquiry Officer,
TY.SPL.107, Thathanur Primary Agricultural Cooperative Credit Society,
Thathanur Village & Post – 621 804,
Udayarpalayam Taluk,
Ariyalur District.
4.The Administrator,
TY.SPL.107, Thathanur Primary Agricultural Cooperative Credit Society,
Thathanur Village & Post – 621 804,
Udayarpalayam Taluk,
Ariyalur District. ... Respondents
1/4
https://www.mhc.tn.gov.in/judis
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorari, calling for the entire records relating to the
impugned enquiry report dated 06.05.2024 submitted by the 3rd respondent to
the 2nd respondent and quash the same.
For Petitioner : Ms.R.Hemalatha
For Respondents : Mr.V.Nanmaran
Additional Government Pleader
for R1 and R2
Mr.P.Gurunathan
Additional Government Pleader
for R3 and R4
ORDER
This writ petition has been filed challenging the report filed under
Section 81 of the Co-operative Societies Act submitted by the 3 rd respondent to
the 2nd respondent.
2.Heard Ms.R.Hemalatha, learned counsel appearing on behalf of the
petitioner, Mr.V.Nanmaran, learned Additional Government Pleader appearing
on behalf of respondents 1 and 2 and Mr.P.Gurunathan, learned Additional
Government Pleader appearing on behalf of respondents 3 and 4.
https://www.mhc.tn.gov.in/judis
3.In the considered view of this Court, a report submitted under Section
81 of the Co-operative Societies Act cannot become a subject matter of
challenge, since it is only a fact finding report. The Division Bench of this
Court has held so in the judgment in P.Krishnan vs. Deputy Director of
Industries and Commerce and Others reported in 2020 2 LW 849.
4.In view of the above, the relief sought for in the present writ petition
cannot be granted by this Court. If ultimately, the above report is acted upon
and proceedings are initiated, only then the petitioner will get a cause of action
to question the same. Except giving this clarity, no further orders can be passed
in this writ petition.
5.In the result, this writ petition is disposed of in the above terms. No
Costs. Consequently, connected miscellaneous petitions are closed.
29.10.2024
Internet : Yes
Index : Yes
Speaking Order / Non Speaking Order
ssr
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
ssr
To
1.The Joint Registrar of Cooperative Societies,
Ariyalur Region, Ariyalur,
Ariyalur District.
2.The Deputy Registrar of Cooperative Societies,
Ariyalur Circle,
Ariyalur District.
3.The Sub registrar/Enquiry Officer,
TY.SPL.107, Thathanur Primary Agricultural Cooperative Credit Society,
Thathanur Village & Post – 621 804,
Udayarpalayam Taluk,
Ariyalur District.
4.The Administrator,
TY.SPL.107, Thathanur Primary Agricultural Cooperative Credit Society,
Thathanur Village & Post – 621 804,
Udayarpalayam Taluk,
Ariyalur District.
and W.M.P.No.34365 & 34366 of 2024
29.10.2024
https://www.mhc.tn.gov.in/judis
