M. SELVAKUMAR Vs. SECRETARY TO GOVERNMENT, CO-OPERATION FOOD AND CONSUMER PROTECTION DEPARTMENT, CHENNAI

JUDGEMENT

(1.) The Writ Petition in W.P.(MD)No.13900 of 2014 is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned circular No. 7/2014, dtd. 28/2/2014, Na. Ka. No.17933/2013-Thou.Way.Sa.1 and to direct the respondents 1 and 2 to allow the Athinathapuram Primary Agricultural Cooperative Credit Society in Tiruchendur Taluk, Thoothukudi District to decide and to determine its own employees salary and other monetary benefits, recruitment of its staff and other independence acts in terms of Sec. 136-D(2)(iv) of the Tamil Nadu Cooperative Societies Act.

(2.) The writ petition in W.P.(MD) No. 618 of 2015 is filed for Writ of Certiorarified Mandamus, to quash the impugned circular No. 7/2014, dtd. 28/2/2014, in Na. Ka. No.17933/2013/ Tho. Way. Koo. Sa.1 of the 2nd respondent and the subsequent impugned letter in Na. Ka. No.788/2014.Thou way Koo. Sa., dtd. 3/3/2014 issued by the 3rd respondent, which illegally dictating mandatory guidelines for fixing the next monthly salary of Meignanpuram Primary Agricultural Cooperative Credit Society, Thiruchendur Taluk, Tuticorin District and allow to decide and determine its own employees salary and other monetary benefits, recruitment of its staff and other independence acts in terms of Sec. 136-D(2)(iv) of the Tamil Nadu Cooperative Societies Act.

(3.) The brief facts of the case as stated in the affidavit filed in W.P.(MD)No. 13900 of 2014 are that the petitioner is one of the elected Director of Aathinathapuram Primary Agricultural Cooperative Credit Society. Initially, the Cooperative movement in this State was strong and served the needy public, particularly farming public. Subsequently, it fell into the hands of unscrupulous persons and many of them started running the society in loss and so the credit needed agriculturists and rural / village population was affected, particularly in the peak of agricultural operation season to borrow loan to buy seeds and fertilizers. For many years, the administration of the Society was in the hands of the Officers of the Cooperative Department under the control of the respondents which lead to the said situation and the society was not run democratically and economically. In order to rejuvenate and to infuse fresh blood and put them back to their glorious day of democratic function and economic independence, a committee under the efficient and effective Chairmanship of Professor Vaithiyanathan was constituted by the Central Government. The Committee submitted a detailed guideline and stipulated certain do's and not's.