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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, J.
G. Sendrayan - Appellant
Versus
The Registrar of Co-operative Societies, Chennai & Others - Respondent
W.P. Nos. 23369 & 25287 of 2021 & W.M.P. Nos. 24650 to 24653, 26680 & 26681 of 2021
Decided On : 14-05-2022
CO-OPERATIVE SOCIETIES - STATE LEVEL TRAINING INSTITUTE - ESTABLISHMENT - POLICY DECISION - JUDICIAL REVIEW - SCOPE - GOVERNMENT ORDER - CANCELLATION - VALIDITY - WRIT PETITION - MAINTAINABILITY.
Fact of the Case:
The petitioner, elected as President of Yercaud Lamp Co-operative Society, Yercaud, Salem District, challenged the order passed by the Registrar of Co-operative Societies, directing stoppage of construction works of State Level Co-operative Training Institute at Semmaduvu Village, Manjakuttai Panchayat, Yercaud Taluk, Salem District. The Government issued G.O.(Ms).No.146, approving the administrative sanction of Rs.61.80 crores for the proposed State Level Training Institute. The petitioner filed a writ petition challenging the communication issued by the Registrar of Co-operative Societies, directing the Executive Engineer, Public Works Department (Buildings), C&M Division, Salem to stop all construction activities of construction of State Level Cooperative Training Institute. During the pendency of the writ petition, the Government issued G.O.(Ms).No.99, cancelling the earlier Government Order issued, namely G.O.Ms.Nos.146, dated 24.12.2020 of the same Department sanctioning the fund of Rs.61.80 crores for the proposed institute at Yercaud. The petitioner challenged the said G.O.(Ms).No.99 in a second writ petition.
Finding of the Court:
The decision taken by the Government in stopping the construction work at Yercaud Institute and consequently cancel the earlier Government Order giving administrative as well as financial sanction for the said Institute at Yercaud is a policy decision of the Government. The challenge made in the first writ petition is the communication issued by the Registrar of Co-operative Societies, dated 28.07.2021, under which, the construction work went on at the Yercaud State Level Institute was directed to be stopped. During the pendency of the writ petition, since the Government has come forward to issue G.O.(Ms).No.99, dated 09.11.2021, under which, the earlier Government Order, namely G.O.(Ms).No.146, dated 24.12.2020 was cancelled, thereby the administrative sanction as well as the financial sanction for a sum of Rs.61.80 crores for construction of the State Level Training Institute at Yercaud since was cancelled, that Government Order also had been questioned in the second writ petition, i.e., W.P.No.25287 of 2021. Therefore in the circumstances, the issue to be decided in these writ petitions is whether the decision taken by the Government in stopping the construction work at Yercaud Institute and consequently cancel the earlier Government Order giving administrative as well as financial sanction for the said Institute at Yercaud is a policy decision of the Government, if so, whether the said policy decision is justifiable and acceptable within the touchstone of the legal principle already enunciated in this regard, of course within the constitutional framework.
Issues: 1. Whether the decision taken by the Government in stopping the construction work at Yercaud Institute and consequently cancel the earlier Government Order giving administrative as well as financial sanction for the said Institute at Yercaud is a policy decision of the Government? 2. Whether the said policy decision is justifiable and acceptable within the touchstone of the legal principle already enunciated in this regard, of course within the constitutional framework?
Ratio Decidendi: 1. The decision taken by the Government in stopping the construction work at Yercaud Institute and consequently cancel the earlier Government Order giving administrative as well as financial sanction for the said Institute at Yercaud is a policy decision of the Government. 2. The said policy decision is justifiable and acceptable within the touchstone of the legal principle already enunciated in this regard, of course within the constitutional framework.
Final Decision: Both the writ petitions are liable to be rejected, accordingly, they are dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
JUDGMENT
(Prayer: W.P.No.23369 of 2021 : This Writ petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the first respondent, dated 28.07.2021 in Rc.No.70538/2017/PMCT1, quash the same and consequently, direct the first respondent to permit the petitioner tocontinue with the construction work of the State Level Training Institute at Salem District.
W.P.No.25287 of 2021 : This Writ petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, relating to the proceedings of the first respondent dated09.11.2021 in G.O.(Ms).No.99, Co-operation, Food and Consumer Protection Department, quash the same and consequently direct the firstrespondent to continue with the construction work of the State Level Training Institute at Semmaduvu Village, Manjakuttai Panchayat, Yercaud Taluk, Salem District.)
Facts relates to W.P.No.23369 of 2020:
As per the affidavit averments made by the petitioner, the petitioner was elected as a President of the Yercaud Lamp Co-operative Society, Yercaud, Salem District. He filed the writ petition challenging the order passed by the first respondent, i.e., the Registrar of Co-operative Societies, dated 28.07.2021 in Proceedings No.Rc.No.70538/2017/PMCT1, in and by which, the first respondent had directed stoppage of construction works of State Level Co-operative Training Institute at Semmaduvu Village, Manjakuttai Panchayat, Yercaud Taluk, Salem District.
(ii) According to the petitioner, in order to impart education and training to those employed in Co-operative Department, starting from Junior Assistant to Additional Registrar, the first respondent had recommended the formation of a State Level Co-operative Training Institute. Accordingly, the land situated in S.No.112/5, Semmaduvu village, Manjakuttai panchayat, Yercaud Taluk, Salem District, measuring to an extent of 4.33 acres was allotted by the Government for setting up the said Training Institute. Thereafter the Government of Tamil Nadu, vide G.O.(Ms).No.165, Cooperation, Food and Consumer Protection Department, constituted a Committee with the Additional Registrar, Marketing, Planning and Development as Convener to scrutinise and recommend the infrastructure facilities, which are required for the training programme to be conducted in the proposed State Level Training Institute.
(iii) A meeting was conducted in this regard on 11.02.2019 by the said Committee. Thereafter, the first respondent had sent a proposal to sanction an amount of Rs.1584.57 Lakhs for construction of the Institute.
(iv) Accepting the said recommendation of the first respondent, the Government issued G.O.(Ms).No.5, Co-operation, Food and Consumer Protection Department, dated 20.01.2020, granting the administrative sanction of the said amount with 20% contribution from Tamil Nadu State Apex Co-operative Bank, 10% each from Chennai, Kancheepuram, Salem and Coimbatore District Central Co-operative Bank and 1.87% each from the remaining 16 District Central Co-operative Bank except the District Central Co-operative Bank of Sivagangai and Tirunelveli.
v) Pursuant to the said decision, the said amount was collected and deposited in a separate escrow account opened at the Tamil Nadu State Apex Co-operative Bank.
(vi) Thereafter, it seems that, a revised proposal has been sent by the Registrar of Co-operative Societies, i.e., the first respondent for an expanded institute, for which, the total cost which was estimated to be incurred was Rs.61.80 crores and that was sought for from the Government.
(vii) The Government also, having considered the said request made by the first respondent, i.e., Registrar of Co-operative Societies, had accepted the same and issued G.O.(Ms).No.146, dated 24.12.2020 approving the administrative sanction of a sum of Rs.61.80 Crores, i.e., in addition of Rs.45.96 crores to the e
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