IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.6.2017 CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.28790 of 2016 and W.M.P.No.24831 of 2016
1 R.Kanniappan
2 S.Karthikeyan
3 Vasantha
4 Vadivel
5 Dhanalakshmi
6 Boopalan
7 V.Chandrakala
8 Panchavarnam
9 Ponnambalam
10 Natarajan
11 Panchavarnam
12 S.Lakshmi
13 Shivaraj
14 Thangavel
15 Karthikeyan
16 Balasundaram
17 Valliammal
18 Boopalan
19 Selvi
20 Chandra
21 Meenakshi
22 Panchavarnam
23 Valliammal
24 Mallika
25 Radhakrishnan ... Petitioners Vs.
1 State of Tamilnadu Rep. by its Secretary, Handlooms, Handicrats, Textiles & Khadi Dept., Fort St. George, Chennai 600 108.
2 The Director, Handlooms, Handicrats, Textiles & Khadi Dept., Kuralagam, 2nd Floor, Chennai 108.
3 The Assistant Director, Handlooms, Handicrats, Textiles & Khadi Dept., Venkikal, Tiruvannamalai District.
4 Keezhkodungalur Handloom Weavers Co-operative Production and Sales Society Limited Rep. by its Managing Director, Keezhkodungalur Post, Vandavasi Taluk, Tiruvannamalai District
5 S.Viswanathan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the official respondents 1 to 3 to take over the management of the 4th respondent society and consequently restrain the 5th respondent from interfering with the functioning of the 4th respondent society.
For Petitioner : Mr.Dakshayani Reddy For Respondents 1to3 : Mr.V.Selvaraj, A.G.P.
For Respondent No.4 : Mr.L.P.Shanmugasundaram Spl. Govt. Pleader For Respondent No.5 : Mr.P.Mani *****
O R D E R
By consent of both side counsels, the main writ petition itself is taken up for final disposal.
2 According to the petitioners, the members of the society are belongs to lower strata of society. The members of the society are eking out their livelihood with the meagre charges paid by the society. In the year 2013, the Government had nominated 5th respondent as President of the Society. Along with the President, 6 other members are appointed as directors of the respondent society. Subsequently, some of the directors and Vice President have resigned from the post. Hence, the society could not function with the President and the sole Director and as a result of which the members of the society are severely affected, even minimum wages have not been paid. Hence, petitioners made representation to the third respondent. Since no order has been passed, the present writ petition has been filed.
3 The learned Additional Government Pleader submitted that the Managing Director of the Society is administering the society on day to day basis.
4 The learned counsel appearing for the 5th respondent would submit that the complaint made against the 5th respondent are denied. There is no truth in the allegations made by the petitioners.
5 However, by considering the facts and circumstances of the case, by consent of counsel for the parties concerned, this Court pass the following orders:
(i) Tmt.R.Brindha, Additional Registrar, Marketing, Planning and Development, Office of the Registrar of Tamilnadu Cooperative Societies, Kilpauk, Chennai shall conduct enquiry under section 81 of the Tamil Nadu Cooperative Societies Act on the allegations made by the petitioners against the 5th respondent.
(ii) The Enquiry Officer is directed to submit report to the second respondent.
(iii) It is open to the petitioners as well as 5th respondent and other members of the society to make representation to the Additional Registrar, Marketing, Planning and Development, Office of the Registrar of Tamilnadu Cooperative Societies, Kilpauk, Chennai.
(iv) The submission made by the learned Additional Government Pleader for the respondents 1 to 3 that the Managing Director is administering the society on day to day basis is hereby recorded.
(v) The 5th respondent undertakes that he will not interfere with the administration of the society, however, any suggestion if so advised, may be submitted to the Managing Director of the 4th respondent society.
(vi) It is open to the members of the society to approach the Managing Director for payment of their wages in accordance with law.
The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
14.6.2017 Speaking / Non Speaking order Index : Yes/No Internet : Yes/No vaan To
1 The Secretary, State of Tamilnadu Handlooms, Handicrats, Textiles & Khadi Dept., Fort St. George, Chennai 600 108.
2 The Director, Handlooms, Handicrats, Textiles & Khadi Dept., Kuralagam, 2nd Floor, Chennai 108.
3 The Assistant Director, Handlooms, Handicrats, Textiles & Khadi Dept., Venkikal, Tiruvannamalai District.
D.KRISHNAKUMAR, J.
vaan
4 Keezhkodungalur Handloom Weavers Co-operative Production and Sales Society Limited Rep. by its Managing Director, Keezhkodungalur Post, Vandavasi Taluk, Tiruvannamalai District W.P.No.28790 of 2016 and W.M.P.No.24831 of 2016 14.6.2017
WP.No.28790 of 2016 and WMP.No.24831 of 2016
D.KRISHNAKUMAR,J.
Today, the matter is listed under the caption "for being mentioned" at the instance of the learned Special Government Pleader appearing for the fourth respondent.
2. The learned Special Government Pleader has requested this Court to modify the paragraph 5 (i) as follows.
"Tmt.R.Brindha, Additional Registrar, Marketing, Planning and Development, Office of the Registrar of Tamil Nadu Cooperative Societies, Kilpauk, Chennai shall conduct preliminary enquiry on the allegations made by the petitioners against the fifth respondent."
3. In view of the request made by the learned Special Government Pleader, by consent of both parties, the Registry is directed to issue fresh order copy after making necessary corrections.
21.09.2017 lok D.KRISHNAKUMAR,J lok WP.No.28790 of 2016 and WMP.No.24831 of 2016 21.09.2017