ORDER
Jayarama Chouta, J.
1. In this writ petition the petitioner has prayed to issue a writ of Certiorari or any order, direction or writ particularity the nature of a writ of certiorari calling for the records of the first respondent herein in pertaining to his letter (RT) No. 353, Co-op. Department, Fort St. George dated 3.7.1987 and quash the same.
2. The petitioner was a member and Ex-President of Srikalikapuram Agricultural Service Co-Operative Society which was under the administration of the Special Officer has filed this writ petition challenging the order of amalgamation of the said society with the third respondent society by the Registrar by his proceedings in R.C. No. 79223 of 1981 OE, dated 2.8.1984 for the gross violation of the provisions under Section 13-A of the Tamil Nadu Co-operative Societies Act, 1961. Aggrieved by two said order passed by the second respondent, the petitioner preferred an appeal on 28.8.1984 before the first respondent who in turn by his letter No. 30460/CH2/84-11 dated 8.4.1987 called upon the petitioner to submit further representation. Accordingly, the petitioner submitted further representation on 25.5.1987 by registered post. While so, the first respondent by his letter dated 3.7.1987 in R.T. No. 253 Co-operative Department Confirmed the order of the Registrar of Co-operative Societies and dismissed the appeal on the only ground that the petitioner has not preferred by further representation and the provisional conclusion communicated to him within 15 days from the receipt of the letter. The said order of the Government has been challenged in this writ petition for the relief mentioned above.
3. I have heard Mr. Desappan, learned counsel for the petitioner and Mr. Gopinath, learned Government Advocate for the respondents. Learned counsel for the petitioner submitted that the order of amalgamation passed by the second respondent is not in conformity with Section 13-A of the Tamil Nadu Co-operative Societies Act. He has invited my attention to Section 13-A of the Act which reads as follows:-
12-A. Power to direct amalgamation in public interest, etc., (1) Where the Registrar is satisfied that it is essential in the public interest or in the interest of the co-operative movement, or for the purpose of securing the proper management of any registered society, that two or more registered societies should amalgamate, then, notwithstanding any thing contained in Section 13 put subject to the provisions of this section, the registrar may, by order notified in the Tamil Nadu Government Gazette, provide for the Amalgamation of those Societies into a single registered society with such constitution, property rights, interests and authorities, and such liabilities, duties and obligations, as may be specified in the order.
(2) No order shall be made under this Section, unless Rs.
(a) a Copy of the proposed order has been sent in draft to each of the societies concerned.
(b) the Registrar has considered and made such modifications in the draft order as may seem to him desirable in the light of any suggestions and objections which may be received by him within such period (Not being less than two months from the date on which the copy of the order as aforesaid was received by each of the societies concerned) as the Register may fix in that behalf, either from such society or from any member of class of members thereof, or from any creditor or class of creditors.
(3) The order referred to in Sub-section (1) may contain such incidental, consequential and supplemental provisions as may, in the opinion of the Registrar, be necessary to give effect to the amalgamation.
(4) Every member or creditor of each of the societies to be amalgamated who has objected to the scheme of amalgamation, within the period specified, shall be entitled to receive, on the issue of the order of amalgamation, his share or interest if he be a member, and the amount in satisfaction of his dues if he be a creditor.
(5) Where two or more societies have been amalgamated, the registration of such societies shall be cancelled on the date of registration of the amalgamated society.
(6) The registration of the amalgamated society shall be a sufficient conveyance to vase the assets and liabilities of the original societies in the new society in the manner specified in the order referred to in Sub-section (1).”
A reading of the said section makes it clear that the Registrar can pass an order of amalgamation if he is satisfied that it is essential in the public interest or in the interest of the Co- operative Movement or for the purpose of securing proper management of any registered society. A translated version of the order passed by the second respondent amalgamating the society with the third respondent society does not comply with the requirement of any one of the conditions mentioned in the said provision. The translated version in English made available to me by the learned counsel for the petitioner reads as follows:
“Since by amalgamating the following Agricultural Service Societies in Chengalpattu District, a society as “Ammayarkuppam Agricultural Service Society No. GD 84 had been registered, the registration of the following agricultural Service, Co-operative Societies are cancelled under Section 13 of the Tamil Nadu Co-operative Societies Act, 1961.
1. Srikaliapuram Agricultural Service Co-operative society No. JJ 278.
2. Balapuram Agricultural Service Co-operative Society No. 4/48.
3. Ammayarkuppam Agricultural Service Co-operative Society No. JJ. 623. Date of cancellation of registration of Societies: 2.3.1984.”
Except the above stated facts and mentioning the names of three societies, the order does not refer to any of the provisions of Section 12-A of the Act. On this sole ground, this writ petition has to be allowed.
4. Further, in the appeal, the first respondent being an appellate authority has not applied his mind is clear from the fact that except reiterating the ground of appeal mentioned by the petitioner, nothing has been mentioned. Further, the appellate authority has stated in his letter that since the petitioner has not preferred any further representation on the provisional conclusion communicated by the Government within 15 days from the date of the receipt of the letter, the Government have decided to confirm the provisional conclusion arrived at on the appeal petition. The first respondent has completely overlooked the fact that there is no limitation prescribed under the Act to submit the representation. Further more, according to the petitioner, a representation has been submitted on 25.5.1987, i.e., before the said order could be passed. All these things clearly go to show that the first respondent has not applied his mind.
5. For the reason stated above, I allow this writ petition by setting aside the order dated 3.7.1987 passed by the first respondent pertaining to his letter RT No. 353 Co-operative Department, Fort St. George, There will be no order as to costs.