D.Dheepan Sakaravarthi v. The President,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.1483 of 2023 D.Dheepan Petitioner vs.

1.The President, Chengalpattu Electricity System Employees, Cooperative Thrift & Credit Society Ltd K.P. (SPL)22, Railway Road, Kancheepuram.

2.The Chairman, Executive Committee, Chengalpattu Electricity System Employees, Cooperative Thrift & Credit Society Ltd K.P. (SPL)22, Railway Road, Kancheepuram.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the representation of petitioner dated 19.10.2022 seeking for the inclusion of Provident Fund and group insurance scheme to the petitioner. For Petitioner : Mr.K.Venkateswaran For Respondent : Mr.Needhi Perumal Government Advocate

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 19.10.2022, wherein, the petitioner has sought for inclusion of the Provident Fund and Group Insurance Scheme for the petitioner in order to enable the petitioner to get the attendant benefits.

2.Heard Mr.K.Venkateswaran, learned counsel appearing on behalf of the petitioner and Mr.Needhi Perumal, learned Government Advocate appearing on behalf of the respondents.

3.It is an admitted case that the petitioner was a Member of the Society and the relief has been sought for is as against the Cooperative Society. Earlier, writ petitions used to be entertained as against the Society by virtue of the 97th Amendment that was brought into the Constitution of India. However, the 97th Amendment has been struck off by the Apex Court and pursuant to the same, the Division Bench of this Court in P.Manimaran vs. The Joint Registrar/Managing Director, Sivagangai District Central Co-operative Bank Ltd., Sivagangai & another reported in 2022 3 LW 78 has held that the original position has been restored as held in Marappan's case and hence, a writ petition

is not maintainable against the Co-operative Societies. 4.This Court is bound by the judgment of the Division Bench and hence, this writ petition cannot be entertained. In view of the same, liberty is given to the petitioner to work out his remedy in accordance with the provisions of the Co-operative Society Act before the competent authority. 5.In the result, this writ petition stands dismissed. No Costs. 02.02.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr To 1.The President, Chengalpattu Electricity System Employees, Cooperative Thrift & Credit Society Ltd K.P. (SPL)22, Railway Road, Kancheepuram.

2.The Chairman, Executive Committee, Chengalpattu Electricity System Employees, Cooperative Thrift & Credit Society Ltd K.P. (SPL)22, Railway Road, Kancheepuram.

N. ANAND VENKATESH, J.

ssr W.P No.1483 of 2023 02.02.2023