Tamil Nadu State Primary Agrl. v. The Registrar Of Co-Op.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-12-2018
CORAM
THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.14993 of 2004 And W.P.M.P.No.17784 of 2004 Tamil Nadu State Primary Agricultural Co-operative Bank, All Employees Union, Regd. No.Sat.383/SAT, Represented by its District Secretary, U.N.Chinnathambi, Salem District.
... Petitioner Vs 1.The Registrar of Co-operative Societies, NVN Natarasan Maaligai, 170, EVR Periyar High Road, Kilpauk, Chennai-600 010.
2.The Special Officer, Salem District Central Co-operative Bank, Salem, Salem District.
3.The Deputy Registrar of Co-operative Societies, Salem Circle, Salem.
4. The Deputy Registrar of Co-operative Societies, Omalur Circle, Omalur.
5.The Deputy Registrar of Co-operative Societies, Attur Circle, Attur.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the entire records relating to the impugned orders passed by the first respondent in Na.Ka.184617/2000 PACB.1 dated 22.4.2004 and quash the same.
For Petitioner : Mr.C.Prakasam For Respondents: Mr.L.P.Shanmugasundaram, Special Government Pleader(Co-op.).
O R D E R
The order of the first respondent dated 22.4.2004, is under challenge in the present writ petition.
2. The impugned order relates to the mobilisation of deposits by the P.A.C. Banks and certain conditions imposed thereon.
3. The writ petitioner is the Tamil Nadu State Primary Agricultural Co-operative Bank, All Employees Union. The writ petitioner-Union consists of the staff members of the Cooperative Banks. The circular impugned is in relation to the mobilisation of deposits by the P.A.C. Banks. Mobilisation of funds made in relation to the administrative affairs of the Bank and the circular is no way connected with the service conditions of the members of the writ petitioner-Union.
4. The rights of the members of the writ petitionerUnion are confined only with reference to the service conditions and other service rights. The policy decisions taken by the Government or the Registrar under the provisions of the Tamil Nadu Co-operative Societies Act, 1983 is unconnected with the service conditions of the employees of the Co-operative Bank.
5. Thus, the writ petitioner-Union cannot be construed as an aggrieved person and if at all any person is aggrieved, the said person alone is entitled to file a writ petition, challenging the circular issued by the respondents.
6. This being the factum of the case, the writ petitioner-Union have not established any cause, so as to consider their claim set out in the writ petition.
7. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Svn
To 1.The Registrar of Co-operative Societies, NVN Natarasan Maaligai, 170, EVR Periyar High Road, Kilpauk, Chennai-600 010.
2.The Special Officer, Salem District Central Co-operative Bank, Salem, Salem District.
3.The Deputy Registrar of Co-operative Societies, Salem Circle, Salem.
4.The Deputy Registrar of Co-operative Societies, Attur Circle, Attur.
5.The Deputy Registrar of Co-operative Societies, Omalur Circle, Omalur.
+1 cc to the Government Pleader, S.R.No.84417 WP No.14993 of 2004 RV(CO) SSM(26/12/2018)