M (Retd) v. Nagar
Case at a glance
Provisions considered
Key paragraphs
- Para 55. In view of the submissions made by the learned counsels appearing on behalf of the petitioners, as well as the respondents4 to 6, this Court finds it appropriate to permit the petitioners, as well as the respondents 4 to 6, to raise all the…
Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 15-02-2011CORAMTHE HONOURABLE MR.JUSTICE M.JAICHANDRENWrit Petition No.9819 of 20061.Air Vice Marshal V.Krishnaswamy VSM (Retd)
Gp.Gapt.P.Kunhiraman (Retd)
Lt.Col.S.J.Baskar Rao (Retd)
Mr.P.Babu Jacob5.Mr.M.Kumaraswami6.Commodore S.M.Sundaram VSM (Retd).. PetitionersVersus1.The Registrar of Co-operative Societies (Housing),79, Pump House Road, IV Main Road, Gandhi Nagar, Adayar, Chennai-20.2.The Deputy Registrar of Co-operative Societies (Housing),18,Ramanathan Street,T.Nagar, Chennai-17.3.The Special Officer, Tamil Nadu Area Defence Officers Co-operative Housing Society Limited, No.JJ-337, Defence Officers Colony, Chennai-32.4.P.Marimuthu5.A.V.Bhaskar6.V.Venkatachalam.. Respondents(Respondents 4 to 6 impleaded as per order dated 15.2.2011 in W.P.M.P.No.124/11 in W.P.9819/06)Prayer: Writ Petition filed under Article 226 of the Constitutionof India, for issuance of a Writ of Mandamus, directing the third respondent to cancel all membership of all new members who were enrolled by him in Tamil Nadu Area Defence Officers Co-operative https://hcservices.ecourts.gov.in/hcservices/ Housing Society Limited, No.JJ-337, after 12.06.2001, as SpecialOfficer of the Society. For Petitioner : Mr.KuberanFor Respondents : Mr.S.Gopinathan, Additional Government Pleader for R1 to R3
O R D E RHeard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing on behalf of the respondents 1 to 3. 2. At this stage of the hearing of the Writ Petition, the learned Additional Government Pleader appearing on behalf of the respondents had submitted that the impleaded respondents, namely, respondents 4 to 6 are also the members of the third respondentSociety and that they are also eligible to participate in the elections to be conducted in respect of the Defence OfficersColony Institute. 3. The main contention of the learned counsel appearing on behalf of the petitioners is that the third respondent should not conduct elections without cancelling the membership of all the members, who had been enrolled after 12.06.2001, by the Specialofficer of the third respondent Society, as per Section 89(A) of the Tamil Nadu Co-operative Societies Act, 1983, in view of the decision of a Full Bench of this Court, in K.Nithiyanantham v.State of Tamil Nadu represented by its Secretary to Government, Law Department, Chennai-600 009 and others (2006 (1) CTC 1). 4. The learned counsel appearing on behalf of the respondents4 to 6 had submitted that they are members of the third respondentSociety and as such, they are also entitled to vote and to participate in the elections to be held for the various posts in the third respondent Society. However, he had submitted that no election can be held, in respect of the Defence Officers ColonyInstitute as there are no provisions in the by-laws, permitting such elections to be held.
In view of the submissions made by the learned counsels appearing on behalf of the petitioners, as well as the respondents4 to 6, this Court finds it appropriate to permit the petitioners, as well as the respondents 4 to 6, to raise all the issues available to them, before the second respondent, who is said to bethe appropriate Authority to decide the issues. On such issues is being raised, the second respondent shall decide the same, after https://hcservices.ecourts.gov.in/hcservices/ giving an opportunity of hearing to the petitioners, as well as to the respondents 4 to 6, and pass appropriate orders thereon, and in the Interlocutory Applications, if any, filed by the parties concerned on merits and in accordance with law, as expeditiously as possible. This Writ Petition is ordered accordingly. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar.mpsTo1.The Registrar of Co-operative Societies (Housing),79, Pump House Road, IV Main Road, Gandhi Nagar, Adayar, Chennai-20.2.The Deputy Registrar of Co-operative Societies (Housing),18,Ramanathan Street,T.Nagar, Chennai-17.3.The Special Officer, Tamil Nadu Area Defence Officers Co-operative Housing Society Limited, No.JJ-337, Defence Officers Colony, Chennai-32.1 cc to Mr.V. Anand, Advocate, Sr. 115621 cc to Government Pleader, Sr. 116871 cc to M/s. Rank Associates, Advocate, Sr. 11610Writ Petition No.9819 of 2006RJ (CO)kk 18/2
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