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2011 DIGILAW 1302 (MAD)

C. Devaraj v. Deputy Registrar of Co-operative Societies, Vellore

2011-03-09

M.JAICHANDREN

body2011
Judgment :- 1. Petition has been filed praying for a writ of Mandamus to direct the respondents from lodging or pursuing the criminal prosecution against the petitioner on the basis of the enquiry report made under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983. 2. The learned counsel appearing on behalf of the petitioner had submitted that the respondents have no lawful authority to prosecute the petitioner in the absence of any sanction. Therefore, the action of the respondents seeking to initiate criminal proceedings against the petitioner is without jurisdiction. 3. In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel appearing on behalf of the petitioner, this Court is of the considered view that the petitioner has not shown sufficient cause of reason to grant the relief, as prayed for by the petitioner, in the present writ petition. It is a well settled position in law that a blanket relief, as prayed for by the petitioner, in the present writ petition, cannot be granted. Further, the enquiry report made under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983, is only a fact finding exercise. Further, there is nothing shown on behalf of the petitioner to substantiate his claim that the criminal prosecution has been launched against him based on the enquiry report made under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983. 4. In such circumstances, as the writ petition is devoid of merits, it stands dismissed. No cost. Consequently, connected miscellaneous petition is also closed.