BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06/11/2007 CORAM: THE HONOURABLE MR.JUSTICE M.JEYAPAUL W.P.(MD)Nos.6519 of 2007, W.P.(MD)Nos.6652 of 2007 and M.P.(MD)Nos.1 and 1 of 2007 Pasumpon Stores Employees Union, Sivagangai represented by its Secretary M.Pandi 9/5, Pillayar Kovil Street, Sivagangai. ... Petitioner in both the writ petitions Vs. 1.The District Collector, Collectorate, Sivagangai District. 2.The Joint Registrar, Sivagangai Zone Cooperative Societies, Sivagangai District. 3.The Special Officer, A.1562 Manamadurai Cooperative Stores, Near Gandhi Silai, Manamadurai. 4.The Special Officer, N.N.432, Sivagangai Agriculture Production, Cooperative Sales Sangam, Sathiyamoorthy Street, Sivagangai, Sivagangai District. 5.The Special Officer, Thiruppathur Adriculture Production, Cooperative Sales Sangam, Singampunari, Sivagangai District. ... Respondents in
both the writ petitions.
Writ Petitions filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of certiorari calling for the records
pertaining to the impugned orders in Na.Ka.684/2006Gen.Rule-1 dated 12.07.2007
issued by the second respondent and Na.Ka.S 1-41306-07 dated 28.07.2007 issued
by the first respondent and quash the same as illegal.
!For Petitioners ... Mr.T.Lajapathi Roy ^For RR 1 and 2 ... Mr.K.Balasubramanian Additional Government Pleader :COMMON ORDER
Writ petition No.6519 of 2007 is filed by Pasumpon Stores Employees
Union, Sivagangai seeking writ of certiorari to quash the impugned order in
Na.Ka.684/2006Gen.Rule-1 dated 12.07.2007 issued by the second respondent and
Writ petition No.6652 of 2007 is filed by the very same Union seeking writ of
certiorari to quash the impugned order in Na.Ka.S 1-41306-07 dated 28.07.2007
issued by the first respondent.
2. As both the writ petitions are connected with each other, both
the writ petitions are taken up for common disposal.
3. The contention of the petitioner Union is as follows:
a) The petitioner Union is affiliated to Tamil Nadu Consumer
Cooperative Employees Federation. The employees of the petitioner Union are
working in Sivagangai District Consumer Cooperative Whole Sale Stores,
Sivagangai, which came into existence in the year 1992. By the proceedings in
Na.Ka.14105/94 dated 08.04.1994, Thiruppuvanam Uzhavar Pani Cooperative Union
functioning in Sivgangai District was permitted to do self-lifting of the
commodities from Tamil Nadu Consumer Godown. Such a permission was granted only
after obtaining consent from the petitioner Union and as a result of which self-
lifting was ordered for ten ration shops under Thiruppuvanam Uzhavar Pani
Cooperative Union.
b. On account of the stable economical position of the stores of the
Union, the petitioner Union continued the supply of commodities to all the
ration shops within the District. While so, the second respondent Joint
Registrar, Sivagangai Zone Cooperative Societies, Sivagangai District issued the
impugned order on 12.07.2007 directing self-lifting of essential commodities for
Manamadurai Cooperative Stores from Tamil Nadu Consumer Godown. The order
passed by the Joint Registrar was without any jurisdiction. The impugned order
would render the workers jobless. A representation dated 18.07.2007 was sent to
the second respondent by the Special Officer of the Stores of the petitioner
Union. But the decision of the second respondent was not reconsidered. The
first respondent, the District Collector, Sivagangai District passed impugned
order in Na.Ka.S 1-41306-07 dated 28.07.2007. The petitioner Union therefore
seeks for quashing of impugned orders passed by both the first and the second
respondents.
4. In the counter, the respondents have submitted that the
petitioner Union is no way prejudiced by the impugned orders passed by the first
and the second respondents. The petitioner Union has no locus standi to
challenge the impugned orders. The fifth respondent Society lifted the goods for
their respective stores with the help of Sivagangai District Consumer Co-
operative Wholesale Stores, in other words called lead society from the Tamil
Nadu Civil Supplies Godown. The Co-operative Whole Sale Stores formed in the
year 1992 have control over 592 fair price shops including 145 direct control
fair price shops. They have earned a huge profit of Rs.1,81,06,286.12/-. But
the third respondent Society has incurred a loss of Rs.8,60,000/- during the
year 2005-2006. By the order of the self-liftment, the fifth respondent Society
can grow well and come out from their loss. After carefully considering the
economical growth of the societies concerned, self-liftment was ordered by the
Joint Registrar and consequent order was passed by the Collector. The Registrar
of cooperative Societies has given delegated powers to the second respondent in
G.O.Ms.No.(2D)-108 and G.O.Ms.No.(2D)-109 Cooperation Food and Consumer
Protection Department dated 31.08.2005. There is no merit in the writ petitions
filed by the petitioner Union, it has been contended by the respondents in
their counter.
5. The learned counsel appearing for the petitioner would submit
that the second respondent Joint Registrar, Sivagangai Zone Cooperative
Societies and the District Collector, Sivagangai District have no authority or
jurisdiction to pass the impugned orders under the Tamil Nadu Cooperative
Societies Act, 1983. The respondents have not given their anxious thought to the
heavy loss of job, that may occasion to the petitioner Union on account of the
implementation of the impugned order of self-lifting, passed by both the first
and second respondents. The order of self-lifting will not in any way help the
link society in improving their fiscal health.
6. The learned Additional Government Pleader appearing for
respondents 1 and 2 would vehemently contend that the second respondent has
authority to pass the impugned order and the first respondent has just passed on
instruction to the Tamil Nadu Consumer Godown as per the orders of the second
respondent. The Sivagangai District Consumer Cooperative Whole Sale Stores,
Sivagangai has earned huge profit margin, whereas the society of the respondents
have incurred heavy loss on account of lack of cost effective measures at the
link societies. If the link societies are not permitted to adopt self-lifting,
the employees of the link societies will definitely lose their job, it is
further submitted.
7. Let us first take up the disputed issue as to whether the second
respondent has jurisdiction to pass the impugned order. Section 3 of the Tamil
Nadu Cooperative Societies Act, 1983,(hereinafter referred to as ‘the Act’)
empowers the Government to confer on any officer of the Government by general or
special order, all or any of the powers of any Registrar under the Act.
8. The respondents have produced a copy of the Government Order in
G.O.Ms.No.(2D)-108 Cooperation Food and Consumer Protection Department dated
31.08.2005 to establish that a notification was issued by the Government of
Tamil Nadu conferring powers on the Joint Registrar of Cooperative Societies all
the powers of the Registrar under the said Act in respect of any primary or
Central Cooperative Society, exercising powers conferred by Section 3 of the
Act.
9. The second respondent, Joint Registrar, Sivagangai Zone
cooperative Societies, Sivagangai District having specifically referred to the
communication emanated from the first respondent, Collector and the Deputy
Registrar, Karaikudi Zone, has considered the financial capacity of the link
societies, and having given primary concern for the development of the link
societies, passed the impugned order in Na.Ka.684/2006Gen.Rule-1 dated
12.07.2007 permitting R-75 Thiruppathur Agricultural Producers Cooperative
Society to self-lift the essential commodities directly from the Tamil Nadu
Consumer Godown in respect of the seven shops run by the said society.
10. It is found that the second respondent has been given
delegation of powers of the Registrar to administer the link societies.
Therefore, the second respondent is well within his competency and jurisdiction
in passing the impugned order.
11. Coming to the necessity to pass such impugned order by the
second respondent, it is found that the loss occasioned to the link societies
has caused alarm the mind of the respondents. The second respondent has also
weighed the potential fiscal health of the Sivagangai District Consumer
Cooperative whole Sale Stores, Sivagangai District, which has so far undertaken
the job of transporting the consumer products for the purpose of distribution to
the link societies and the fiscal ill-health of the link societies before ever
passing such an impugned order.
12. The respondents have found a lopsided growth of the link
societies compared to the lead societies. Further, it is noted that the self-
lifting practice has already been in vogue in some of the link societies. If
the fiscal health of the link societies is not taken care of by such radical
steps, there is imminent danger for the employees of the link society to go out
of job. The employees of the petitioner Union can very well survive with the
whopping profit, they have earned so far. The second respondent has rightly
passed the impugned order permitting self-liftment practice in order to save the
link societies which are already sinking. There is no necessity for the second
respondent to associate the petitioner Union before ever any decision is taken
to save the link society from its economic ill-health as there is no contractual
or statutory obligation imposed on the shoulder of the respondents. The life
saving measure taken promptly at the appropriate time by the second respondent
by way of passing the impugned order cannot be faulted with.
13. After all the first respondent, the District Collector reading
the impugned order passed by the second respondent has simply given instruction
to the Tamil Nadu Consumer Godown to effect direct supply of essential
commodities to seven fair price shops coming under the jurisdiction of
Thiruppathur Agricultural Producers cooperative Society.
14. The impugned orders have been passed by the second respondent
who has been empowered to do so in the best interest of the Link Societies and
the first respondent who has authority to operationalise the order of the second
respondent has passed the impugned communication to the Tamil Nadu Consumer
Godown. In view of the above, the claim of the petitioner Union seeking to quash
the said impugned order is not at all sustainable.
15. In the result, the writ petitions in W.P.(MD)Nos.6519 and 6652
of 2007 stand dismissed. There is no order as to costs. Connected MPs are also
dismissed.
mj
To
1.The District Collector,
Collectorate,
Sivagangai District.
2.The Joint Registrar,
Sivagangai Zone Cooperative Societies,
Sivagangai District.
3.The Special Officer,
A.1562 Manamadurai Cooperative Stores,
Near Gandhi Silai, Manamadurai.
4.The Special Officer,
N.N.432, Sivagangai Agriculture Production,
Cooperative Sales Sangam,
Sathiyamoorthy Street,
Sivagangai, Sivagangai District.
5.The Special Officer,
Thiruppathur Adriculture Production,
Cooperative Sales Sangam, Singampunari,
Sivagangai District.