Advocates:
['m/s c s associates', 'M/S L P SHANMUGASUNDARAM', '', 'FOR R', 'FOR R', 'SPL GP CO-OP', 'M/S G ILAMURUGU', 'G ILAMURUGAN']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

W.P.NO.31651 OF 2012

AND

W.M.P.NOS.2 AND 3 OF 2012

M.Ayyasamy

... Petitioner

.Vs.

1. The Deputy Milk Commissioner,

Milk Producers Cooperative Federation,

Madhavaram, Chennai – 600 051.

2. The General Manager,

Tiruchirapalli District Milk Producers

Cooperative Union,

Tiruchirapalli.

3. The Deputy Registrar,

Dairying, Perambalur,

Perambalur District.

4. The Special Officer,

TYSPL 39, Kunnam Milk

Producers Cooperative Society Ltd.,

Kunnam Post & Taluk,

Perambalur District.

5. The President,

PRD 100 Periyavenmani Women Milk

Producers Cooperative Society Limited,

Periyavenmani, Kunnam Taluk,

Perambalur District.

... Respondents

PRAYER:-

This writ petition is filed under Article 226 of the

Constitution of India, to issue a Writ of Certiorari, or any

other appropriate Writ or Order or Direction, in the nature of

Writ, calling for the records pertaining to the order passed by

the 3^rd respondent in his Proceedings Na.Ka.No.460/2012/E(2)

dated 19.10.2012 and quash the same.

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For Petitioner :

Mr.V.Sivalingam

For M/s.C.S.Associates

For R1 to R4 :

Mr.L.P.Shanmugasundaram

For R5

:

Mr.G.Ilamurugu

O R D E R

The petitioner herein filed this writ petition, challenging

the order passed by the 3^rd respondent in his proceedings

Na.Ka.No.460/2012/E(2) dated 19.10.2012. Whereunder he passed

order for registration of 5^th respondent society under Section

9(1) of Tamil Nadu Co-Operative Societies Act. According to the

petitioner that he is a member of 4^th respondent society and the

said society was formed by the milk producers. The same was

registered and the area of operation of 4^th

respondent

society, consist of the villages of Kunnam, Varakoor,

Asoor, Ayyakudi, Othiyam, Andur, Periyammapalam, Karambiyam,

Mookilpadi,

Athanoor,

Chinnavenmai,

Periyavenmani

and

Kallampathur. He further averred in his petition that he came to

know that the 5^th respondent society was formed at Periyavenmani

village and the same was registered by the impugned order

passed by the 3^rd respondent. It was further averred that the

Periyavenmani Village falls within the portion of geographical

area over which the 4^th respondent society has got operational

right. Since there is a overlapping of geographical area of

operation of 4^th and 5^th respondent societies, the petitioner as a

member of 4^th respondent society, filed this writ petition,

challenging the order passed by the 3^rd respondent, seeking

quashment of the same.

2. The contesting 5^th respondent filed a counter and

submitted that the 5^th respondent society was formed as per the

provisions of Tamil Nadu Co-Operative Societies Act and it was

formed for the welfare of the women. It was submitted in the

counter that after due enquiry, having satisfied with

the fulfillment of all the requirements under the law, the

3^rd respondent passed an ordered for the registration of the

5^th respondent society. It was submitted that the 5^th respondent

society has got operational right over only two villages namely

Chinnavenmani and Periyavenmani villages and the 4^th respondent

has got operational right over more number of villages. The

5^th respondent society was established for the welfare of the

women, in order to encourage them in the public administration.

It was further submitted that the petitioner, if at all

aggrieved by the impugned order can very well pursue the

remedies available to him under Tamil Nadu Co-Operative

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Societies Act and without availing the alternative remedies

available under Section 153 of the Tamil Nadu Co-operative

Societies Act, rushed to this Court by way of writ peti