S.Ramalingam v. The Joint Registrar Of Co-Op

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.12.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.12885 of 2004 S.Ramalinam ..Petitioner vs 1.The Joint Registrar of Co-operative Societies, Cuddalore Region, Cuddalore District.

2.The Special Officer, E-2655, Aadur Kuppam, Primary Agricultural Co-operative Bank Ltd., Cuddalore District. .. 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 second respondent in its proceeding R.C.No.3/2002/O.Na dated 24.10.2002 and quash the same. For Petitioner : Mr.K.Raja For RR1 : Ms.T.Girija, GA, (Co -op) For RR2 : Mr.D.Nandakumar

O R D E R

The writ petitioner was placed under suspension on account of the initiation of the disciplinary proceeding based on the allegations. The order of suspension was issued by the Special Officer of the Co-operative Society. Therefore a revision has to be preferred only before the competent authority under the provisions of the Tamilnadu Co-operative Societies Act.

2. No writ petition can be entertained against the orders passed by the Special officer/ Management of the Co-operative Society registered under the provisions of the Tamilnadu Cooperative Societies Act. The Co-operative Societies registered under the Tamilnadu Co-operative Societies Act is not a state within the meaning of Article 12 of the Constitution of India. Thus, the remedy to the employees of the Co-operative Societies lies before the competent authorities under the provisions of https://hcservices.ecourts.gov.in/hcservices/

the Act itself. The Tamil Nadu Co-operative Societies Act is a comprehensive legislation and a revision is provided under section 153 of the Act. The powers of the Registrar under the Act has been delegated to the Regional Joint Registrars who are empowered to entertain the revision against the orders passed by the Special Officer/Management of the Co-operative Society. Thus, the present writ petition is not maintainable. The legal principles in this regard are settled by the Larger Bench of this Court in the matter of [ K.Marappan Vs. Deputy Registrar, Co-operative Societies and another ] reported in 2006 (4) CTC 689 The writ petitioner is at liberty to approach the competent authority under the provisions of the Act.

In the event of any such representation being made, the authorities may pass orders on merits and in accordance with law. 3.Accordingly, the writ petition stands dismissed as not maintainable. There shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mfa To 1.The Joint Registrar of Co-operative Societies, Cuddalore Region, Cuddalore District.

2.The Special Officer, E-2655, Aadur Kuppam, Primary Agricultural Co-operative Bank Ltd., Cuddalore District.

WP.No.12885 of 2004 KK(CO) rrs 25/01/2019 https://hcservices.ecourts.gov.in/hcservices/