T.Kathiresan v. The Deputy Registrar Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2024
CORAM:
THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.809 of 2020 and W.M.P.Nos.969 of 2020 & 1803 of 2021 T.Kathiresan ...
Petitioner /vs/
1. The Deputy Registrar of Co-operative Societies, Dharmapuri District, Dharmapuri.
2. S.975, A.Murukkampatti Primary Agricultural Co-op Credit Society, Represented by its President, A.Murukkampatti Post, Kambainallur Via, Palacode Taluk, Dharmapuri District - 635 202.
... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorari to call for the records of the second respondent pertaining to his proceedings in No.Nil dated 02.12.2019 and quash the same.
For Petitioners ... No appearance For Respondents ... Mr.P.Sathish Additional Govt. Pleader for R1 Mr.S.Arumugam Government Advocate for R2
ORDER
This writ petition has been filed challenging the proceedings of the second respondent in No.Nil dated 02.12.2019.
2. The petitioner was working as a Salesman for the past 22 years with the second respondent; by virtue of the resolution of the second respondent dated 01.11.2019 to allow disbursement of salary arrears to the petitioner, and an another resolution to the effect of giving promotion to the petitioners, has been cancelled; aggrieved over that the petitioner has filed this writ petition.
3. It is learnt that no previous notice was given to the petitioner before passing such order affecting his interest.
4. However, Mr.P.Sathish, the learned Additional Government
Pleader, submitted that if the petitioner is really aggrieved he can file an appeal under Section 153 of Tamil Nadu Cooperative Societies Act and he cannot file a writ petition without exhausting the efficacious alternate remedy available to him.
5. Even though it is the contention of the respondents that the petitioner's very appointment is questionable and the resolutions passed to sanction the arrears of salary are per se illegal and hence they have been cancelled, the petitioner could have been given with an opportunity to make his submission getting an order which would affect the interest of the petitioner.
6. Since the petitioner has not been given with any show cause notice before passing the impugned order and no liberty was given to him, I feel it is appropriate to quash the impugned order and give liberty to the petitioner to make a representation before the authorities concerned under Section 153 of the Cooperative Societies Act.
7. In view of the above stated reasons, this writ petition is allowed
and the impugned proceedings passed by the second respondent in No. Nil dated 02.12.2019 is quashed and the petitioner is at liberty to give a representation to the Joint Registrar and on receipt of the same the Joint Registrar of Cooperative Societies shall conduct enquiry and pass appropriate orders, within a period of four weeks without being influenced by the impugned order and by appreciating the matter fresh. No costs. Connected miscellaneous petitions are closed. 06.03.2024 Index: Yes / No Speaking order / Non-speaking order bkn
To:
1. The Deputy Registrar of Co-operative Societies, Dharmapuri District, Dharmapuri.
2. The President, S.975, A.Murukkampatti Primary Agricultural Co-op Credit Society, A.Murukkampatti Post, Kambainallur Via, Palacode Taluk, Dharmapuri District - 635 202.
R.N.MANJULA ,J.
bkn 06.03.2024