High CourtsSingle Bench(2011) 03 MAD CK 0240

C. Devaraj vs The Deputy Registrar of Co-operative Societies and The Inspector of Police, C.C.I.W.

Madras High Court · Decided on 9 March 2011

HON’BLE JUDGES
M. Jaichandren, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 7725 of 2006 and W.P.M.P. No. 8491 of 2006

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Judgment

13 paragraphs · 268 words

M. Jaichandren, J.—This writ petition has been filed praying for a writ of Mandamus to direct the Respondents from lodging or pursuing the

criminal prosecution against the Petitioner on the basis of the enquiry report made u/s 81 of the Tamil Nadu Cooperative Societies Act, 1983.

2.

The learned Counsel appearing on behalf of the Petitioner had submitted that the Respondents have no lawful authority to prosecute the

Petitioner in the absence of any sanction. Therefore, the action of the Respondents seeking to initiate criminal proceedings against the Petitioner is

without jurisdiction.

3.

In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned Counsel

appearing on behalf of the Petitioner, this Court is of the considered view that the Petitioner has not shown sufficient cause of reason to grant the

relief, as prayed for by the Petitioner, in the present writ petition. It is a well settled position in law that a blanket relief, as prayed for by the

Petitioner, in the present writ petition, cannot be granted. Further, the enquiry report made u/s 81 of the Tamil Nadu Cooperative Societies Act,

1983, is only a fact finding exercise. Further, there is nothing shown on behalf of the Petitioner to substantiate his claim that the criminal prosecution

has been launched against him based on the enquiry report made u/s 81 of the Tamil Nadu Cooperative Societies Act, 1983.

4.

In such circumstances, as the writ petition is devoid of merits, it stands dismissed. No cost. Consequently, connected miscellaneous petition is

also closed.