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1975 Supreme(Mad) 379

RAMANUJAM
K. Thangavelu – Appellant
Versus
Joint Registrar of Co-operative Societies, Tiruchirapalli – Respondent


Advocates:
N.S. Varadachari and J.V. Ramanujam, for Petitioner; The Asstt. Govt. Pleader, for Respondents.

Judgement

ORDER:- The petitioner was the president of the Perambalur Co-operative Primary Land Development Bank, Perambalur. He had been elected as a director and later as president on 18-5-1974. By a show cause notice dated 22-5-1975, the first respondent called upon the petitioner and other directors of the bank to show cause as to why the bank should not be superseded under Section 72 (1) of the Tamil Nadu Co-operative Societies Act, 1961. It is to quash that notice that the above writ petition has been filed.

2. According to the petitioner before issuing the impugned show cause notice the first respondent did not make any consultation with the financing bank as contemplated by Section 72 (6) of the Act and, therefore, the show cause notice is invalid. It is also his case that the impugned show cause notice proceeds on the basis that the irregularities referred to in the notice have already been established and this shows that the first respondent has already made up his mind to supersede the society under Section 72 (1) and that the issue of the show cause notice is a mere formality. The petitioner further contends that the first respondent has initiated proceedings under Section







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