Madras High CourtWP/11261/2015dismissed as infructuous

E.Poongundran, v. The Government Of Tamil Nadu

2023-08-18Honourable Mr Justice G.K. Ilanthiraiyan17 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.11261, 11262, 14170, 14711, 15374, 15376 & 15393 of 2015 and MP.Nos.1,2,4,2,3,1,3,5,1,3,5,1,2,2,3,4 of 2015 and WMP.No.3840 of 2016 WP.No.11261 of 2015

1. E.Poongundran

2. A.Ashok Kumar

3. G.Gnanaprakasam

4. M.Govindaraj

5. S. Velu

6. M.Jagadeesan(withdrawn)

7. R.Ashok

8. M.Sridevi(withdrawn)

9. M.Janakiraman (withdrawn)

10. M.K.Naveen

11. M.Ravi

12. S.Dillibabu

13. N.Vinayagam

14. A.Jayaraj

15. M. Babu (withdrawn)

16. P.Ayyadurai 17.N.Muthu 18.S.Vinoth Kumar

19. M.Siva 20.S.Vijayakumar 21.G.Suresh 22.P.Rajaguru(withdrawn)

23. M.Veeramani 1/17

24.R.Vasanthan

25. S.Gurunathan 26.M.Vimal Raj 27.V.Sankar 28.A.Salaudeen 29.R.Pandiyan 30.K.Kalaimani 31.V.Mohanasundaram 32.V.Rajesh 33.C.Kanniyakumar 34.S.Maheswaran 35.C.Sampath 36.R.Mohan 37.S.Ashok Kumar 38.S.Jeeva 39.R.Chandrababu 40.U.Thamilarasan 41.P.Sabharinathan 42.V.Rajavel 43.P.Velmurugan 44.M.Venkatesan(withdrawn) 45.M.Rajeshkumar

46. M.Subbu 47.R.KalyanaSundaram(withdrawn) 48.Ayyadural.P 49.P. Elango 50.P.Thiruvenkatam 51.P.Sivasakthi 52.S.ImmanuelPrabu 53.P.Ganesamoorthy 54.S.Arumugam 55.K.Bathrinathan 56.A.Arulmanikandan 57.S.Thennarasum(withdrawn) 58.A.Ayyanar(withdrawn) 59.K.Lalitha 60.N.Elavarasan 2/17

61.G.Meena 62.V.Vijayalakshmi 63.M.Thilagavathi 64.K.Shyamala 65.Anantha Kumar(withdrawn) 66.J.Ilayakumar 67.A.Kasinathan 68.C.Nagarajan 69.M.Thiyagu 70.P.Rajarajan(withdrawn) 71.K.S.Sathesh Kumar(withdrawn) 72.V.Premkumar 73.S.Vijayakumar 74.P.Murugan 75.P.Kannan(withdrawn) 76.O.Thamaraikannan(withdrawn) 77.R.Vinuthsundari 78.C.Sakthivel 79.P.E.Jayaprakash 80.V.Arivuchelvan 81.R.Pavishankar 82.Shanavas 83.S.Brindha 84.E.Priya(withdrawn) 85.K.Maruthachala Moorthi 86.K.Vadivel

87. P.Sivakumar 88.R.Sadagopan 89.N.Sri Achuthan (withdrawn) 90.S.Sedhuraman 91.P.Gopi 92.P.Karnan 93.K.Sathish Kumar 94.K.Sivakumar 95.S.Suresh 96.M.Venkatesh

97. M.Ulaganathan 3/17

98.R.Sudhananthan 99.K.Rathinavel 100.A.Stanly 101.R.Tharani 102.P.Murali 103.V.Jayashankar(withdrawn) 104.E.Mohana Sundari 105.E.Nivas Kumar 106.D.Sathish Kumar 107.B.Tamil Kumaran 108.P.Senthilnathan 109.D.Saravanan 110.P.Hariharan (The writ petition in respect of petitioners 6,8,9,15,22,44,47,57,58,65,70,71,75, 76,84,89,103 & 110 dismissed as withdrawn as per order dated 09.03.2016 in WP.No.11261 of 2015) ... Petitioners Vs.

1.The Government of Tamil Nadu Rep. by the Secretary to Government, Department of Cooperation Food and Consumer, Fort.St.George Chennai-600 001 2.The Registrar of Cooperative Society, NVN Maligai, No.170, EVR High Road, NVN Maligai, Kilpauk Chennai-600 010 3.Joint Registrar, Law and Training/Controller of Examination, District Staff Recruitment Bureau, Office of the Registrar of Cooperative Societies NVN Maligai, 4/17

No.170, EVR High Road, NVN Maligal, Kilpauk Chennai-600 010 4.The Chairman, State Recruitment Bureau, Office of Registrar of Cooperative Societies, NVN Maligai, No.170, EVR High Road Kilpauk Chennai-600 010 5.VILLUPURAM DISTRICT CENTRAL COOPERATIVE BANK, REP. BY ITS SECRETARY, VILLUPURAM 6.TINDIVANAM COOPERATIVE URBAN BANK LIMITED, REP. BY ITS SECRETARY, VILLUPURAM 7.GINGEE PU EMPLOYEES COOPERATIVE SOCIETY, REP. BY ITS SECRETARY, VILLUPURAM 8.CHENNAI CENTRAL COOPERATIVE BANK LIMITED, REP. BY ITS SECRETARY, CHENNAI.

9.KANCHEEPURAM CENTRAL COOPERATIVE BANK LIMITED, REP. BY ITS SECRETARY, KANCHEEPURAM 10.LIC EMPLOYEES COOPERATIVE BANK, REP. BY ITS SECRETARY, CHENNAI.

11.MADURAI DISTRICT CENTRAL COOPERATIVE BANK LTD., REP. BY ITS SECRETARY, MADURAI 12.TIRUVANNAMALAI DISTRICT CENTRAL COOPERATIVE BANK LTD., REP. BY ITS SECRETARY, THIRUVANNAMALAI.

13.SALEM DISTRICT CENTRAL COOPERATIVE BANK LIMITED, REP. BY ITS SECRETARY, SALEM.

5/17

14.THOOTHUKUDI DISTRICT CENTRAL BANK LIMITED, REP. BY ITS SECRETARY, TUTICORIN.

15.TAMIL NADU COOPERATIVE STATEAGRICULTURE AND RURAL DEVELOPMENT BANK, REP. BY ITS SECRETARY, CHENNAI.

16.CHENGALPATTU COOPERATIVE URBAN BANK, REP. BY ITS SECRETARY, KANCHEEPURAM.

17.PUDUKOTTAI DISTRICT CENTRAL COOPERATIVE BANK LIMITED, REP, BY ITS SECRETARY, PUDUKOTTAI.

18.TIRUCHIRAPALLI DISTRICT CENTRAL COOPERATIVE BANK LIMITED, REP BY ITS SECRETARY, TIRUCHIRAPPALLI 19.THANJAVUR CENTRAL COOPERATIVE BANK LIMITED, REP. BY ITS SECRETARY, THANJAVUR.

20.THANJAVUR COOPERATIVE MARKETING FEDERATION, REP, BY ITS SECRETARY, THIRUVARUR 21.CHIKKANANKUPPAM PRIMARY AGRICULTURAL CENTRAL COOPERATIVE CREDIT SOCIETY, REP. BY ITS SECRETARY, VELLORE 22.VELLORE DISTRICT CENTRAL COOPERATIVE BANK LIMITED, REP BY ITS SECRETARY, VELLORE.

23. NIRMALA COOPERATIVE THRIFT SOCIETY, REP. BY ITS SECRETARY, CUDDALORE.

24.MADURANTAKAM PRIMARY COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, REP. BY ITS SECRETARY, KANCHEEPURAM.

25.TAMIL NADU COOPERATIVE UNION, REP. BY ITS SECRETARY, CHENNAI.

26.DHARMAPURI DISTRICT CENTRAL COOPERATIVE BANK LIMITED, REP BY ITS SECRETARY, DHARMAPURI 27.K.G.KANDIGAI PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, REPBY ITS SECRETARY, THIRUVALLUR.

28.CUDDALORE DISTRICT CENTRAL COOPERATIVE BANK 6/17

LIMITED, REP. BY ITS SECRETARY, CUDDALORE.

29.VADAPURAMKEELPATHI PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, REP. BY ITS SECRETARY, CUDDALORE.

30.CHIVVADA PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, REP. BY ITS SECRETARY, THIRUVALLUR.

31.THE TAMIL NADU STATE APEX COOPERATIVE BANK LIMITED, REP.BY ITS SECRETARY, CHENNAI.

32.TIRUNELVELI DISTRICT CENTRAL COOPERATIVE BANK LIMITED, REP BY ITS SECRETARY, TIRUNELVELI 33.TIRUNELVELI JUNCTION COOPERATIVE URBAN BANK, REP. BY ITS SECRETARY, TIRUNELVELI 34.KADAMPODUVALU PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, REP BY ITS SECRETARY, TIRUNELVELI 35.RAMANATHAPURAM DISTRICT CENTRAL COOPERATIVE BANK LIMITED, REP BY ITS SECRETARY, RAMANATHAPURAM 36.VIRUDHUNAGAR DISTRICT CENTRAL COOPERATIVE BANK LIMITED, REP BY ITS SECRETARY, VIRUDHUNAGAR 37.PALLIPALAYAM FARMERS SERVICE COOPERATIVE SOCIETY, REP, BY ITS SECRETARY, NAMAKKAL.

38.COIMBATORE DISTRICT CENTRAL COOPERATIVE BANK LIMITED, REP BY ITS SECRETARY, COIMBATORE.

39.THIRUPORUR PRIMARY AGRICULTURAL COOPERATIVE SOCIETY, REP. BY ITS SECRETARY, KANCHEEPURAM 40.LMW EMPLOYEES COOPERATIVE SOCIETY, REP. BY ITS SECRETARY, COIMBATORE.

41.KAVINDICHIPALAYAM PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, REP. BY ITS SECRETARY, ERODE.

42.ARASAKUPPAM PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, REP. BY ITS SECRETARY, VILLUPURAM.

7/17

43.TINDIVANAM COOPERATIVE URBAN BANK, REP. BY ITS SECRETARY, VILLUPURAM 44.TUDIYALUR AGRICULTURAL SERVICE LIMITED, REP. BY ITS SECRETARY, COIMBATORE.

45.GOBI VARAPPALAYAM PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, REP. BY ITS SECRETARY, ERODE.

46.KUMBAKONAM CENTRAL COOPERATIVE BANK LIMITED, REP. BY ITS SECRETARY, THANJAVUR.

47.TAMIL NADU COOPERATIVE MARKETING FEDERATION, REP. BY ITS SECREARY, CHENNAI.

48.MANGALAM PRIMARY AGRICULTURAL, COOPERATIVE CREDIT SOCIETY, REP. BY ITS SECRETARY, TIRUCHIRAPPALLI.

49.THIRUVALLUR COOPERATIVE PRINTING PRESS, REP. BY ITS SECRETARY, THIRUVALLUR.

50.RAMANATHAPURAM COOPERATIVE URBAN, REP. BY ITS SECRETARY, RAMANATHAPURAM (R-5 to R-50 are Impleaded as per Order dated 24.04.2015 in Mp.3/2015 in WP.11261/2015) ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari calling for the records of the third respondent in connection with the proceedings bearing reference No.Na.Ka.04/2014/AaCheNi dated 30.03.2015 and quash the same insofar as para 4 and para 6 of the impugned proceedings issued to each of the petitioner.

WP.No.11261 of 2015 For Petitioners : Ms.M.Karthikeyani for Mr.K.Sudalaikannu For Respondents For R1 & 2 : Dr.T.Seenivasan, Special Government Pleader 8/17

WP.No.11261 of 2015 For Petitioners : Ms.M.Karthikeyani for Mr.K.Sudalaikannu For Respondents For R1 & 2 : Dr.T.Seenivasan, Special Government Pleader WP.No.11262 of 2015 For Petitioners : No appearance For Respondents For R1 & 2 : Dr.T.Seenivasan, Special Government Pleader WP.No.14170 of 2015 For Petitioners : Ms.M.Karthikeyani for Mr.K.Sudalaikannu For Respondents For R1 & 2 : Dr.T.Seenivasan, Special Government Pleader WP.No.14711 of 2015 For Petitioners : Ms.M.Karthikeyani for Mr.K.Sudalaikannu For Respondents For R1 & 2 : Dr.T.Seenivasan, Special Government Pleader 9/17

WP.No.15374 of 2015 For Petitioners : Ms.M.Karthikeyani for Mr.K.Sudalaikannu For Respondents For R1 & 2 : Dr.T.Seenivasan, Special Government Pleader WP.No.15376 of 2015 For Petitioners : Ms.M.Karthikeyani for Mr.K.Sudalaikannu For Respondents For R1 & 2 : Dr.T.Seenivasan, Special Government Pleader WP.No.15393 of 2015 For Petitioners : Ms.M.Karthikeyani for Mr.K.Sudalaikannu For Respondents For R1 & 2 : Dr.T.Seenivasan, Special Government Pleader COMMON ORDER Writ petitions in WP.Nos.14170, 11261, 14711 & 11262 of 2015 have been filed to issue a writ of certiorari calling for the records of the third respondent in connection with the proceedings bearing reference No.Na.Ka.04/2014/AaCheNi dated 30.03.2015 and quash the 10/17

same insofar as para 4 and para 6 of the impugned proceedings issued to each of the petitioner. Writ petitions in WP.Nos.15374, 15376 & 15393 of 2015 have been filed to issue a writ of mandamus directing the respondents 1 to 4 and respondent 5 institution to comply with the conditions in the employment notification borne in the advertisement of 02.11.2012 namely that the candidates can acquire the qualification of Diploma in Cooperation by the correspondence course and in particular to direct the said respondents to permit the petitioners to join and do the 9 month / 36 weeks course for Diploma in Cooperation that is to commence on 01.06.2015 by correspondence.

The learned counsel for the petitioners would submit that the prayer sought for in these petitions has become infructuous. 3.

In view of the submission of the learned counsel for the petitioners, all the writ petitions are dismissed as infructuous. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

18.08.2023 Internet: Yes 11/17

Index: Yes/No Speaking/Non-speaking order lok To 1.Secretary to Government, The Government of Tamil Nadu Department of Cooperation Food and Consumer, Fort.St.George Chennai-600 001 2.The Registrar of Cooperative Society, NVN Maligai, No.170, EVR High Road, NVN Maligai, Kilpauk Chennai-600 010 3.Joint Registrar, Law and Training/Controller of Examination, District Staff Recruitment Bureau, Office of the Registrar of Cooperative Societies NVN Maligai, No.170, EVR High Road, NVN Maligal, Kilpauk Chennai-600 010 4.The Chairman, State Recruitment Bureau, Office of Registrar of Cooperative Societies, NVN Maligai, No.170, EVR High Road Kilpauk Chennai-600 010 5.SECRETARY, VILLUPURAM DISTRICT CENTRAL COOPERATIVE BANK, VILLUPURAM 12/17

6.SECRETARY, TINDIVANAM COOPERATIVE URBAN BANK LIMITED, VILLUPURAM 7.SECRETARY, GINGEE PU EMPLOYEES COOPERATIVE SOCIETY, VILLUPURAM 8.SECRETARY, CHENNAI CENTRAL COOPERATIVE BANK LIMITED, CHENNAI.

9.SECRETARY, KANCHEEPURAM CENTRAL COOPERATIVE BANK LIMITED, KANCHEEPURAM 10.SECRETARY, LIC EMPLOYEES COOPERATIVE BANK, CHENNAI.

11.SECRETARY, MADURAI DISTRICT CENTRAL COOPERATIVE BANK LTD., MADURAI 12.SECRETARY, TIRUVANNAMALAI DISTRICT CENTRAL COOPERATIVE BANK LTD., THIRUVANNAMALAI.

13.SECRETARY, SALEM DISTRICT CENTRAL COOPERATIVE BANK LIMITED, SALEM.

14.SECRETARY, THOOTHUKUDI DISTRICT CENTRAL BANK LIMITED, TUTICORIN.

15.SECRETARY, TAMIL NADU COOPERATIVE STATEAGRICULTURE AND RURAL DEVELOPMENT BANK, CHENNAI.

16.SECRETARY, CHENGALPATTU COOPERATIVE URBAN BANK, KANCHEEPURAM.

17.SECRETARY, PUDUKOTTAI DISTRICT CENTRAL COOPERATIVE BANK LIMITED, PUDUKOTTAI.

18.SECRETARY, TIRUCHIRAPALLI DISTRICT CENTRAL COOPERATIVE BANK LIMITED, TIRUCHIRAPPALLI 19.SECRETARY, THANJAVUR CENTRAL COOPERATIVE BANK LIMITED, THANJAVUR.

20.SECRETARY,THANJAVUR COOPERATIVE MARKETING 13/17

FEDERATION, THIRUVARUR 21.SECRETARY, CHIKKANANKUPPAM PRIMARY AGRICULTURAL CENTRAL COOPERATIVE CREDIT SOCIETY, VELLORE 22.SECRETARY, VELLORE DISTRICT CENTRAL COOPERATIVE BANK LIMITED, VELLORE.

23.SECRETARY, NIRMALA COOPERATIVE THRIFT SOCIETY, CUDDALORE.

24.SECRETARY, MADURANTAKAM PRIMARY COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK,, KANCHEEPURAM.

25.SECRETARY, TAMIL NADU COOPERATIVE UNION, CHENNAI.

26.SECRETARY, DHARMAPURI DISTRICT CENTRAL COOPERATIVE BANK LIMITED, DHARMAPURI 27.SECRETARY, K.G.KANDIGAI PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, THIRUVALLUR.

28.SECRETARY, CUDDALORE DISTRICT CENTRAL COOPERATIVE BANK LIMITED, CUDDALORE.

29.SECRETARY, VADAPURAMKEELPATHI PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, CUDDALORE.

30.SECRETARY, CHIVVADA PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, THIRUVALLUR.

31.SECRETARY, THE TAMIL NADU STATE APEX COOPERATIVE BANK LIMITED, CHENNAI.

32.SECRETARY, TIRUNELVELI DISTRICT CENTRAL COOPERATIVE BANK LIMITED, TIRUNELVELI 33.SECRETARY, TIRUNELVELI JUNCTION COOPERATIVE URBAN BANK, TIRUNELVELI 34.SECRETARY, KADAMPODUVALU PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, TIRUNELVELI 14/17

35.SECRETARY, RAMANATHAPURAM DISTRICT CENTRAL COOPERATIVE BANK LIMITED, RAMANATHAPURAM 36.SECRETARY, VIRUDHUNAGAR DISTRICT CENTRAL COOPERATIVE BANK LIMITED, VIRUDHUNAGAR 37.SECRETARY, PALLIPALAYAM FARMERS SERVICE COOPERATIVE SOCIETY, NAMAKKAL.

38.COIMBATORE DISTRICT CENTRAL COOPERATIVE BANK LIMITED, REP BY ITS SECRETARY, COIMBATORE.

39.SECRETARY, THIRUPORUR PRIMARY AGRICULTURAL COOPERATIVE SOCIETY, KANCHEEPURAM 40.SECRETARY, LMW EMPLOYEES COOPERATIVE SOCIETY, COIMBATORE.

41.SECRETARY, KAVINDICHIPALAYAM PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, ERODE.

42.SECRETARY, ARASAKUPPAM PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, VILLUPURAM.

43.SECRETARY, TINDIVANAM COOPERATIVE URBAN BANK, VILLUPURAM 44.SECRETARY, TUDIYALUR AGRICULTURAL SERVICE LIMITED, COIMBATORE.

45.SECRETARY, GOBI VARAPPALAYAM PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY, ERODE.

46.SECRETARY, KUMBAKONAM CENTRAL COOPERATIVE BANK LIMITED, THANJAVUR.

47.SECREARY, TAMIL NADU COOPERATIVE MARKETING FEDERATION, CHENNAI.

48.SECRETARY, MANGALAM PRIMARY AGRICULTURAL, COOPERATIVE CREDIT SOCIETY, TIRUCHIRAPPALLI.

49.SECRETARY, THIRUVALLUR COOPERATIVE PRINTING PRESS, THIRUVALLUR.

50.SECRETARY, RAMANATHAPURAM COOPERATIVE URBAN, RAMANATHAPURAM

51. The Government Advocate, 15/17

High Court, Madras.

G.K.ILANTHIRAIYAN, J.

lok W.P.Nos.11261, 11262, 14170, 14711, 15374, 15376 & 15393 of 2015 16/17

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