THE HON'BLE MR JUSTICE G.V.SEETHAPATHY WRIT PETITION No :10331 of 2001 DATED:02-12-2010 ORDER: Petitioners, who are the employees of the Housing Board and members of the 1st respondent-Society, filed the present Writ Petition seeking a writ of mandamus declaring the action of the respondents in issuing the demand notice and also consequential proceedings issued by the 3rd respondent therein in U.O.Note MT Loans/CAO/2000-2001, dated 23-04-2001, as illegal and arbitrary. 2. Heard learned counsel for the petitioners. None appeared for the respondents. 3. Learned counsel for the petitioners would submit that a similar Writ Petition, seeking a similar relief filed by certain other employees of the Housing Board in W.P.No.8793 of 2001, was disposed of by this Court on 20-02-2009, setting aside the impugned demand notice on the ground that the certificate under Section 71 of the Act is not issued by the Registrar of Cooperative Societies. A copy of the judgment in W.P.No.8793 of 2001 is also placed on record. As seen from the said judgment, it was held as follows: “In the absence of the Registrar of Cooperative Societies having issued a certificate under Section 71 of the Act, the third respondent board could not have sought to recover the alleged loan amounts from the petitioners monthly salary at the instance of the first respondent society. To the extent the third respondent sought to do so, their action is required to be set aside. It is, however, made clear that quashing of the proceedings issued by the third respondent, at the instance of the first respondent, shall not preclude the Registrar of Cooperative Societies from proceeding further with request made by the second respondent for issuance of the certificate under Section 71 of the Cooperative Societies Act. Subject to above observations, the Writ Petition stands disposed of. However, in the circumstances without costs”. 4. The present case is squarely covered by the above judgment in W.P.No.8793 of 2001. As the petitioners herein are similarly placed, the reasoning adopted in the above judgment for setting aside the demand notice is being adopted in respect of the petitioners herein also. Hence, Writ Petition is also disposed of in terms of the above judgment, subject to the same observation that quashing of the proceedings issued by the 3rd respondent, at the instance of the 1st respondent, shall not preclude the Registrar of Cooperative Societies from proceeding further with request made by the 2nd respondent for issuance of the certificate under Section 71 of the Cooperative Societies Act. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY,J 02nd December, 2010. Tsy