Madras High Court
A.Kumathavalli vs The Commissioner on 12 August, 2022
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.20851 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2022
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.20851 of 2022
and
W.M.P.No.19914 of 2022
A.Kumathavalli ... Petitioner
Vs.
1.The Commissioner,
Milk Produce and Diary Development,
Diary Development Office,
Chennai - 600 051.
2.The Additional Commissioner (Milk),
Milk Produce and Diary Development,
Diary Development Office,
Chennai - 600 051.
3.The Deputy Registrar (Milk),
Milk Produce and Co-operative Department,
Tiruvannamalai, Tiruvannamalai District.
4.J.Saravanan,
Chief Inspector/Enquiry Officer,
C-1471 Arani Milk Produce Co-operative Society,
Arani.
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Page No. 1 of 7
W.P.No.20851 of 2022
5.R.Saravanan,
Secretary,
C-1471 Arani Milk Produce Co-operative Society,
Arani.
6.S.Palani,
Care Taker,
Milk Chilling Centre,
C-1471 Arani Milk Produce Co-operative Society,
Arani.
7.N.Jeeva,
Cashier,
C-1471 Arani Milk Produce Co-operative Society,
Arani.
8.R.Santhosh,
Care Taker,
Aavin Parlour,
C-1471 Arani Milk Produce Co-operative Society,
Arani. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorari, to call for the records of the
second respondent for the enquiry proceedings in Na.Ka.No.18247/M1/2019
dated 21.07.2022 (disqualifying the petitioner from holding the post of the
President in Arani Milk Produce Co-operative Society) and quash the same.
For Petitioner : Mr.V.Umapathy
For Respondents :
For R1 to R3 : Mr.M.Shahjahan
Special Government Pleader
For R4 to R8 : Mr.I.John Arockiadas
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W.P.No.20851 of 2022
ORDER
Mr.M.Shahjahan, learned Special Government Pleader takes notice on behalf of the first to third respondents and Mr.I.John Arockiadas, learned counsel takes notice on behalf of the fourth to eighth respondents.
2. This writ petition has been filed for a Certiorari, to call for the records of the second respondent for the enquiry proceedings in Na.Ka.No.18247/M1/2019 dated 21.07.2022 (disqualifying the petitioner from holding the post of the President in Arani Milk Produce Co-operative Society) and quash the same.
3. The petitioner has rushed to this Court after filing an appeal on 27.07.2022 before the first respondent against the order dated 21.07.2022. The appeal is yet to be numbered by the Office of the first respondent. However, apprehending the coercive action, the petitioner has approached this Court by way of this writ petition for a Writ of Certiorarified Mandamus, to quash the order dated 21.07.2022 bearing Ref.Na.Ka.No.18247/M1/2019 of the second respondent disqualifying the petitioner from holding the post of President of Arani Milk Produce Co-operative Society. ____________ https://www.mhc.tn.gov.in/judis Page No. 3 of 7 W.P.No.20851 of 2022
4. The case of the petitioner appears to be that the petitioner assumed charge as a President and was elected in the year 2013 and thereafter once again in the year 2019. However, based on the erroneous consideration of facts, the second respondent has passed the impugned order.
5. Though the petitioner has raised several grounds for interfering with the order passed by the second respondent dated 21.07.2022, I am of the view, the present writ petition is premature and is liable to be dismissed as the petitioner has rightly invoking jurisdiction before the first respondent under Section 152 of the Tamil Nadu Co-operative Societies Act, 1983.
6. Under these circumstances, I do not find any merits in the present writ petition. However, I direct the first respondent to consider and pass appropriate orders on the petitioner's appeal filed by the petitioner on 27.07.2022, within a period of eight weeks from the date of receipt of a copy of this order.
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7. Pending disposal of the above appeal, it is open for the petitioner to file appropriate miscellaneous application/petition before the first respondent to stay the operation of the impugned order of the second respondent dated 21.07.2022.
8. Therefore, liberty is given to the petitioner to file such miscellaneous application/petition within a period of one weeks time from the date of receipt of a copy of this order. In case such application/petition is filed, the same shall be disposed on expeditious basis, preferably, within a period of one week thereafter. Under these circumstances, the impugned order dated 21.07.2022 passed by the second respondent shall be kept in abeyance for a period of two weeks alone.
9. This Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
12.08.2022 Index : Yes/No Speaking/Non-Speaking Order arb ____________ https://www.mhc.tn.gov.in/judis Page No. 5 of 7 W.P.No.20851 of 2022 To
1.The Commissioner, Milk Produce and Diary Development, Diary Development Office, Chennai - 600 051.
2.The Additional Commissioner (Milk), Milk Produce and Diary Development, Diary Development Office, Chennai - 600 051.
3.The Deputy Registrar (Milk), Milk Produce and Co-operative Department, Tiruvannamalai, Tiruvannamalai District.
4.J.Saravanan, Chief Inspector/Enquiry Officer, C-1471 Arani Milk Produce Co-operative Society, Arani.
5.R.Saravanan, Secretary, C-1471 Arani Milk Produce Co-operative Society, Arani.
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arb W.P.No.20851 of 2022 and W.M.P.No.19914 of 2022 12.08.2022 ____________ https://www.mhc.tn.gov.in/judis Page No. 7 of 7