LAWS(MAD)-2005-2-195

P RAJU Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

Decided On February 21, 2005
P.RAJU Appellant
V/S
REGISTRAR OF CO-OPERATIVE SOCIETIES Respondents

JUDGEMENT

(1.) This writ appeal has been filed against the impugned judgment of the learned single Judge dated 20.9.2002.

(2.) We have heard learned counsel for the appellant and perused the impugned order and find no infirmity in the same. As rightly pointed out by the learned single Judge the Registrar only wanted to make a factual enquiry regarding certain loans issued by the Madurai Urban Co-operative Bank Limited and to submit a factual report. In our opinion, the writ petition is premature since as yet no adverse order has been passed against anybody nor any action affecting anybody's right has been taken.

(3.) Moreover, writ jurisdiction is discretionary jurisdiction and we are not inclined to exercise our discretion in this case. Apart from that, we are of the opinion that the Registrar had the authority to initiate the enquiry. Merely because some powers of Registrar have also been given to some other authority by the Government that does not denude the Registrar from his powers under section 81 of the Tamil Nadu Co-operative Societies Act, 1983. Thus there is no force in this appeal and it is dismissed. No costs.