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1999 DIGILAW 1265 (MAD)

The Vandavasi Co-operative Housing Society Ltd. , rep, by its President v. The Deputy Registrar (Housing), Vellore Region, Vellore

1999-11-26

T.MEENA KUMARI

body1999
Judgment :- This Writ Petition isfiled for the issue of Writ of certiorari calling for the records of the respondent in proceedings No. Na;Ka. 7261 of 1997 dated 31.12.1997 received by the petitioner on 2.7.1999 and to quash the same. 2. Junior Counsel appeared on behalf of Mr. T.S. Rajmohan has asked for adjournment and it was, refused, as the matter has been argued at length on 19.11.1999 and on that day, at request of the counsel for the second respondent, this matter was adjourned to today. 3. The petitioner is the Vandavasi Co-operative Housing Society Limited, represented by its President. They have filed this Writ Petition questioning the action of the respondent in cancelling the order of amending the by-laws. The by-laws of the petitioner-society were amended on 23.12.1997 under a certificate of Registration of amendment of the by-laws and it was also issued to the petitioner on 2.7.1999, on representation made by the petitioner, mentioning that the cancellation had taken place on 31.12.1997. It is further stated that there was no reason for a show-cause notice to be issued just one day after the registration of the amendment and there was no justification for cancellation of the amendment. Learned counsel has argued that there was power vested with the Registrar under Section 11 of the Tamil Nadu Co-operative Societies Act to amend the by-laws and once the by-laws were amended, the Registrar has no power to cancel the same and the impugned order has to be quashed, as the Registrar has no jurisdiction to cancel the amendment. 4. Learned counsel for the second respondent has argued that the Registrar has got power under Section 9(1)(d) of the Tamil Nadu Co-operative Societies Act, 1983 to cancel the by-laws. He has argued that the second respondent has made representation to the Registrar about the overlapping of area operation of another registered society by the amended by-laws, as it was affecting the business of the second respondent-society. 5. Learned Government Advocate has argued that the Registrar has got power under Section 9(1)(d) of the said Act to cancel the amendment for overlapping the operation of another registered society. 5. Learned Government Advocate has argued that the Registrar has got power under Section 9(1)(d) of the said Act to cancel the amendment for overlapping the operation of another registered society. In this case, it is seen as per Section 11(3) of the Act, if the Registrar is satisfied that an amendment of the by-laws is not contrary to the provisions of this Act or the rules or to the co-operative principles or to any other law applicable to the society, he may within such time as may be prescribed register the amendment. He has got the power to refuse the amendment by notice to the registered society. Section 9(1)(d) of the Act deals with the registration of proposed society and Section 9(1)(b) of the Act deals with :he objects of the proposed Society. Section 9(1)(d) of the Act says that the area of operation of the proposed Society does not overlap the area of operation of another registered society of the same class or category save as permitted by the registrar. In this case, it is not a case or the registration of the proposed Society. It is the case of amending the by-laws. Section 11 of the Act says about the amendment of the by-laws of registered Society. No other provision under the Tamil Nadu Co-operative Societies Act was brought to the notice of this Court enabling the respondents to cancel the amendment of the by-laws. Under the circumstances. I see no force in the arguments of the counsel for the second respondent that the Registrar has got the power to cancel the amended by-laws under Section 9(1)(d) of the Act. Under the above circumstances, I hold that the respondent has no jurisdiction to cancel the amended by-laws and hence, the impugned order dated 31.12.1997 issued to the petitioner on 2.7.1999 is quashed and this Writ Petition is allowed. But, however, it is made clear as per Section 9(1)(d) of the Act, when a dispute arises between the societies, such dispute shall be referred to the Registrar. So, liberty is given to the second respondent to avail such remedies open to him as per the provisions Of the Tamil Nadu Co-operative Societies Act. It is also made clear that as and when such dispute is raised by the second respondent, the appropriate authority shall consider the same and pass appropriate orders as per law. So, liberty is given to the second respondent to avail such remedies open to him as per the provisions Of the Tamil Nadu Co-operative Societies Act. It is also made clear that as and when such dispute is raised by the second respondent, the appropriate authority shall consider the same and pass appropriate orders as per law. With the above observation, this Writ Petition is allowed. No costs. Consequently, no order is necessary in W.M.P. No. 17319 of 1999.