M.Karunakaran vs The Vellore on 28 July, 2006

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS           

DATED: 28/07/2006  

CORAM   

THE HON'BLE MR. JUSTICE P.SATHASIVAM         

WRIT PETITION NO.11844 of 2004    
 and
 WPMP No.13926 of 2004   

M.Karunakaran                  ... Petitioner

-Vs-

1.The Vellore
   District Consumer
   Co.operative Wholesales Stores Ltd.,
   rep. by its Joint Registrar/
   Special Officer, Vellore,
   Vellore District.

2.The Deputy Registrar,
   Co.operative Societies,
   Thulasilingam Pillai Street,
   Sankaranpalayam, Vellore,
   Vellore District.

3.The Co.operative Extension Officer/
   Enquiry Officer(Arakkonam),
   The Vellore District Consumer
   Co.operative Wholesale Stores Ltd.,
   Vellore, Vellore District.           ..Respondents

                Petition under Article 226 of The  Constitution  of  India  to
issue  a  Writ  of  Mandamus  to  forbear the respondents from proceeding with
enquiry or taking any action under the provision of section 81  of  the  Tamil
Nadu Co-operative Societies Act.

!For petitioner         :Mr.M.Jermiah for
                        Mr.P.Krishnan

For 1st Respondent     :Ms.S.Indumathi Ravi for
                        for M/s Gupta and Ravi

        For 2nd respondent...  Mrs.D.Geetha,
                                Addl.  Government Pleader

:ORDER  

Considering the relief sought for, by consent of all the parties, the
writ petition itself is taken up for disposal.

2. In the writ petition, the petitioner has prayed for issuance of
Writ of Mandamus forbearing the respondents from proceeding with enquiry or
taking any action under the provision of section 81 of the Tamil Nadu
Co-operative Societies Act.

3. The first respondent herein has filed a counter affidavit wherein
it is stated that despite several opportunities, the petitioner did not
participate in the enquiry and ultimately he was set ex-parte in the enquiry
and after recording the evidence of the society personnel, the enquiry officer
submitted his report on 31.03.2004.

4. In the light of the above information, no further adjudication is
required in this petition. Accordingly, the same is dismissed. No costs.
Consequently, W.P.M.P.No.13926 of 2004 is also dismissed.

raa

To

1.The Joint Registrar/Special Officer,
Vellore District Consumer
Co-operative Wholesales Stores Ltd.,
Vellore, Vellore District.

2.The Deputy Registrar,
Co-operative Societies,
Thulasilingam Pillai Street,
Sankaranpalayam, Vellore,
Vellore District.

3.The Co-operative Extension Officer/
Enquiry Officer(Arakkonam),
The Vellore District Consumer
Co-operative Wholesale Stores Ltd.,
Vellore, Vellore District.