V P PERIYASAMY Vs. GENERAL MANAGER DISTRICT REGISTRAR OF INDUSTRIAL CO OPERATIVE SOCIETIES COIMBATORE

JUDGEMENT

(1.) PETITIONER, a member of a society formed under the Tamil Nadu Co-operative Societies Act, has sought for a declaration declaring bye-law No.11-C of the second respondent society, as ultra vires of Articles 14, 15, 19-1(e) and 21 of the Constitution of India read with Section 23 of the Co-operative Societies Act and the rules framed thereunder. He has also sought for a writ of certiorari to quash the order of the General Manager/Registrar of Industrial Co-operative Societies, Coimbatore, dated 14.11.2008, by which the petitioner has been removed from the membership of the second respondent society. As pleadings and submissions are common, both the writ petitions are taken up together and dispose of by a common order.

(2.) FACTS leading to the writ petitions are as follows: On 18.9.1996, the petitioner enrolled as a member in Arignar Anna Co-operative Industrial Estate to frame object is to carry on business of developing and maintaining industrial estate for the members, to establish cottage, small and minimum scale industries. He has paid a sum of Rs.45,527/- and Rs.27,500/- for allotment of land in his name on 18.9.1996 and 8.8.2006 respectively. The name of the second respondent society was later on amended as Anna Industrial path. The total membership of the society is 1128 and only 550 have paid the value for the purchase plots. The second respondent society had purchased lands to an extent of 3.70.31 acres out of the amount contributed by the members to the extend of two crores till 1999 in various villages namely, Kittampalayam, Karumathampatti, Thekkalur etc. Though lands have been purchased in 1999, no allotment has been made in the name of the petitioner. In the meantime, the respondents had private negotiation with one Suzian Infrastructures Limited had ended into settlement and thereby acted against the interest of the members.

(3.) THE first respondent has denied the contention that a private negotiation was made with Suzlan infrastructures limited the general body of the estate resolved to swap a portion of its land with Suzlan infrastructures limited which has benefited the estate in the following manner (1) settlement of term loan outstanding of Rs.98,49,519 with the TAIC is follow by Suzlan infrastructures limited. (2) Code 115.11 acres of land from Suzlan infrastructures limited lieu as 1.0593 acres numbering the above advantages to the second respondent's Co-operative Estate necessary approval was granted by the Registrar of Industrial Co-operative Societies, Chennai, to swap a portion of land with Suzlan infrastructures limited. Based on the results of the general body, exchange deed was executed after getting prior approval of the Registrar of Industrial Co-operative Societies, Chennai. After swapping of the land, revised layout has been submitted before the authorities and the approval is awaited. THErefore, the first respondent, has submitted that the issue of swapping the land with Suzlan infrastructures limited has no relevance to the impugned order of the General Manager and District Registrar of Industrial Co-operative Societies, Coimbatore,