This petition has been filed seeking a writ of Mandamus to direct the respondents 1 and 2 to conduct enquiry under Section 81 or 82 of the Tamil Nadu Co-operative Societies Act, 1883 into the misappropriation, fraudulent retention of the funds of the society, breach of trust, corrupt practice and other mismanagement in relation to the 3rd respondent society by considering the petitioner's representation dated 18.01.2014.
2. According to the learned counsel for the petitioner, the petitioner made a representation to the first respondent on 18.01.2014. The said representation is still pending with the first respondent and no order has been passed. Hence, the petitioner has filed the present writ petition before this Court.
3. The learned Additional Government Pleader would submit that under Section 90 of the Tamil Nadu Co-operative Societies Act, the Registrar of the Co-operative Societies is the competent authority and in the present case the first respondent/Director of Handlooms and Textiles is the competent authority to consider the petitioner's representation dated 18.01.2014 in accordance with law.
4. In view of the aforesaid submission, without expressing any opinion on the merits of the case, this Court directs the first respondent to consider the petitioner's representation dated 18.01.2014 and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order, after providing opportunity to the necessary parties. It is needless to state that the petitioner shall furnish a copy of the representation along with this order.
With the above direction, this petition is disposed of. No costs.
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1.The Director of Handlooms and Textiles Kuralagam Building Esplanade, Chennai.
2.The Assistant Director Handlooms and Textiles Bhavani Road, Erode.
3.Bharathiyar Weavers Co-operative Production and Sale Society Ltd., EH 20 Rep by its Special Officer Ulagapuram,Gnananipalayam 638 112.
D.KRISHNAKUMAR, J.
gms W.P. No.16242/2014 14.03.2017 http://www.judis.nic.in