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O.P.Sakkarai vs The Joint Registrar Of ...

Madras High Court|23 November, 2017

JUDGMENT / ORDER

The petitioner is aggrieved against the proceedings of the first respondent dated 16.10.2017, wherein and whereby the first respondent directed the second respondent to follow Rule 62 of the Tamil Nadu Cooperative Societies Rules, by issuing proper notice and thereafter, convene a Special Administrative Committee meeting and to furnish a final report, based on the resolution passed in "No Confidence Motion" against the petitioner.
2. Heard the learned counsel for the petitioner.
3. It is the contention of the petitioner that once the matter is remitted back by the first respondent to the second respondent for proceeding in accordance with Rule 62 of the above Said Rules, the fourth respondent cannot be permitted to function as President in the place of the petitioner.
4. There is no dispute to the fact that "No Confidence Motion" was passed against the petitioner from discharging his function as President is the subject matter Society and the said order was challenged before this Court along with consequential notice issued by the second respondent on 05.05.2017 and 22.05.2017, in WP.No.15833 of 2017. The fact remains that the above said writ petition was disposed of by this Court on 23.06.2017, by granting liberty to the petitioner to file a revision before the competent authority, also by holding that the Vice President viz., the fourth respondent herein has taken charge as in-charge of the Society and therefore, at that stage, the said writ petition filed was not maintainable. Thereafter, the petitioner filed a revision before the first respondent, who in turn passed the above said impugned order. When already "No Confidence Motion" was passed against the petitioner and when such resolution challenged before this Court in the earlier writ petition was not interfered with, I find that the order passed by the first respondent impugned in this writ petition is in no way prejudicial to the interest of the petitioner, as the first respondent has only remitted the matter back to the second respondent to follow Rule 62 of the above said Rules and proceed further, accordingly. The petitioner, at this stage is not entitled to claim that he should be permitted to function as President, especially when the fourth respondent has already taken charge as in-charge of the President of the concerned Society.
K.RAVICHANDRABAABU,J.
mk Therefore, I find that the present writ petition is totally misconceived and accordingly, the same is dismissed as being devoid of merits. No costs. Consequently, connected miscellaneous petitions are closed.
23.11.2017 Speaking/Non Speaking Index : Yes/No mk Note: Issue order copy on 27.11.2017 To
1. The Joint Registrar of Cooperative Societies Krishnagiri.
2. The Deputy Registrar of Cooperative Societies Krishnagiri.
3. The Vice President DD-100 Kondamandapatti Primary Agricultural Cooperative Credit Society Kodamandapatti, Pochampalli Taluk, Krishnagiri District.
W.P.No.30134 of 2017
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Title

O.P.Sakkarai vs The Joint Registrar Of ...

Court

Madras High Court

JudgmentDate
23 November, 2017