Judgments
Judgments
  1. Home
  2. /
  3. Madras High Court
  4. /
  5. 2017
  6. /
  7. January

K Chellapillai vs The Secretary And Others

Madras High Court|13 September, 2017
|

JUDGMENT / ORDER

This Writ Petition has been filed, seeking to quash the proceedings in Na.Ka.3217/2016/M.1 dated 22.03.2016 issued by the 4th respondent. 2. The learned counsel for the petitioner would submit that the petitioner assumed office as a President in Sirukudal Milk Producers Co-op. Society Ltd., on 09.05.2013. The 5th respondent issued a dissolution notice on 15.06.2015, consisting of 11 charges. Since the petitioner was unable to submit his explanation within the prescribed time, he submitted a representation dated 19.06.2015 seeking extension of time, which is still pending with the 5th respondent. Subsequently, enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 was conducted. Based on the enquiry report, the petitioner was held liable for a loss of Rs.60,515.91 and surcharge proceedings were initiated against the petitioner. According to the petitioner, without considering his representation dated 08.03.2016, the 4th respondent issued the impugned disqualification proceedings on 22.03.2016. Inspite of his repeated representations, seeking necessary documents to submit a detailed explanation, to defend his case, no action was taken by the respondents. Therefore, the present writ petition is filed by the petitioner for the aforesaid prayer.
3. Based on the submission made by the learned counsel appearing for the petitioner, the learned Government Advocate would submit that if any representation is pending with the respondents, the same would be considered and appropriate orders would be passed, in accordance with law.
4. In view of the submissions made by the learned counsel for both the parties, this Court is inclined to direct the petitioner to submit his representation within a period of four weeks from the date of receipt of a copy of this order and thereafter, the fourth respondent is directed to proceed further and pass appropriate orders, in accordance with law.
5. The writ petition is disposed of, on the above terms.
Consequently, connected Miscellaneous Petition is closed. No costs.
13.09.2017
Index: Yes/ No Speaking order/ Non speaking order rkp To
1. The Secretary, Co-op., Food and Consumer Protection Department, Fort St.George, Chennai -9.
2. The Secretary, Animal Husbandry, Diaries & fisheries Department, Fort st.George, Chennai -9.
3. The Commissioner of Milk Production and Diary Development, Madavaram Milk Colony, Chennai -51.
4. The Deputy Commissioner of Milk (co-operation), Madavaram Milk Colony, Chennai -51.
D. KRISHNAKUMAR J.
rkp
5. The Deputy Registrar (Diary), Perambalur, Perambalur District.
6. The Section 81 Enquiry Officer, TRD 917, Sirukudal Milk Producers Co-operative Society Limited, Sirukudal Post, Kunnam Taluk, Perambalur District.
W.P. No.17719 of 2016 and W.M.P. No.15418 of 2016
13.09.2017
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

K Chellapillai vs The Secretary And Others

Court

Madras High Court

JudgmentDate
13 September, 2017
Judges
  • D Krishnakumar