V KANDASAMY Vs. SPECIAL OFFICER VIRUDHACHALAM AGRICULTURAL PRODUCERS

JUDGEMENT

(1.) THE facts leading to the filing of these writ petitions, in a nutshell, are as follows:

(2.) 2.1. The first respondent in W.P.Nos.12312 to 12314, 12776, 13475 and 14077 of 2003, which is arrayed as the third respondent in W.P.Nos.18160 and 18161 of 2009, namely Virudhachalam Agricultural Producers Co-operative Sales Society, is a society registered under the Tamil Nadu Co-operative Societies Act (for short, "the Act"), and is now under the control of the Special Officer appointed by the Government. The said society was registered in the year 1941 and from 1.10.1987 onwards it became a Lead Society vested with the duty of taking stock of essential commodities such as wheat, sugar, rice, etc. from Tamil Nadu Civil Supplies Corporation godowns, transporting and supplying the same to nearly 342 Public Distribution Shops under the control of 54 Primary Agricultural Co-operative Banks, which are Link Societies situated in Virudhachalam and Thittakudi Taluks in Cuddalore District.

(3.) THEREFORE, from the counter affidavit of the Registrar of Co-operative Societies, it is clear that Virudhachalam Agricultural Producers Co-operative Sales Society, whose status as a Lead Society was taken away on 22.8.2002 and given to Chidamabaram Agricultural Producers Co-operative Marketing Society, has been restored Lead Society status fully from 26.6.2008. In fact, the said fact has been recorded in the judgment of a Division Bench of this Court in the writ appeal filed by the Tamil Nadu Co-operative Marketing Societies Employees Association (Virudhachalam Unit) in W.A.No.3925 of 2002. The Division Bench, by recording the retransfer of Lead Society status to the Virudhachalam Agricultural Producers Co-operative Sales Society, has passed the following order on 22.6.2010: "5. however, learned counsel for the appellant submitted that by virtue of the proceedings in Na.Ka.No.1-29152-08, dated 25.6.2008, the functions of the lead Society has been retransferred to fourth respondent Virudhachalam Agricultural Producers Co-operative Marketing Society. The proceedings in Na.Ka.No.1-29152-08, dated 25.6.2008 reads as follows: 6.In view of the above proceedings retransferring the lead Society to fourth respondent, the writ appeal is closed as nothing survives for consideration."