S.Ranganathan v. The Deputy Registrar Of Cooperative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.1120 of 2019 and W.M.P.No.1267 of 2019 S.Ranganathan ..Petitioner Vs.

1. The Deputy Registrar of Cooperative Societies, Chidambaram Circle, Chidambaram.

2. E-2588 Nandhimangalam Primary Agricultural Cooperative Credit Society represented by its President, Chockkalingapuram, Chidambaram. .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records of the order of dismissal passed by the second respondent dated 14.09.2018, quash the same and direct the respondents to reinstate the petitioner in service and to pay arrears of salary and continuity of service and all other attended benefits.

For Petitioner : Mr.M.S.Palaniswamy For Respondents : Mrs.T.Girija Government Advocate (co-op)

O R D E R

The order of termination passed by the President of the second respondent Cooperative Society is under challenge in the present writ petition.

The second respondent Cooperative Society is registered under the provisions of the Tamil Nadu Cooperative Societies Act. The co-operative society is not a "State" within the meaning of Article 12 of the Constitution of India. Thus, no writ petition can be entertained in view of https://hcservices.ecourts.gov.in/hcservices/

the legal principles settled by the larger bench of this Court in Deputy Registrar of Cooperative Societies reported in K.Marappan vs. Deputy Registrar of Co-Operative Societies, Namakkal Circle, Namakkal [(2006) 4 CTC 689 (FB)]. The writ petitioner has to exhaust the remedies provided under the provisions of the Tamil Nadu Cooperative Societies Act, more specifically revision under Section 153 of the said Act.

This being the factum of the case, the present writ petition is not maintainable. Accordingly, the same is dismissed as not maintainable.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar nsd/dua To

1. The Deputy Registrar of Cooperative Societie, Chidambaram Circle, Chidambaram.

2. E-2588 Nandhimangalam Primary Agricultural Cooperative Credit Society represented by its President, Chockkalingapuram, Chidambaram.

+1cc to Mr.Shanmuga Sundaram, Advocate, S.R.No. 13724 +1cc to Mr.Palanisamy Advocate, S.R.No. 13952 +1cc to the Government Pleader, S.R.No. 14018 W.P.No.1120 of 2019 MG(CO) GN(14/03/2019) https://hcservices.ecourts.gov.in/hcservices/