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2022 Supreme(Online)(MAD) 42646

HIGH COURT OF MADRAS
G.R.SWAMINATHAN, J
JAWAHAR – Appellant
Versus
THE JOINT DIRECTOR(HANDLOOM) – Respondent


ORDER

Heard the learned counsel on either side.

2.By the impugned order, the Board of Woriur Devanga Cotton cum Silk Handloom Weavers' Co-operative Production and Sale Society Limited had been superseded. Election to the board was held on 07.08.2018. The office bearers were elected for a term of three years. Since the said period has already expired, technically the matter has become infructuous. However, the learned counsel appearing for the petitioner submits that unless the impugned order is set aside, stigma will remain on the writ petitioner. It is for that reason I propose to consider the validity of the impugned order. The only ground on which the order of supersession rest is that the board had leased out the properties of the society for a period of three years without prior permission from the Registrar of Co-operative Society.

3.The impugned order refers to Section 71 of the Tamil Nadu Co-operative Societies Act 1983 and Rule 87 of the Tamil Nadu Co-operative Societies Rules, 1988. The said provisions are as follows:

“Section 71 Properties not to be misused:

No property of a registered society, whether movable or immovable shall be used or allowed to be used except in accorda

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