V.S.Saraswathi v. The Joint Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2015

CORAM

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.A.No.568 of 2015 V.S.Saraswathi .. Appellant Vs.

1.The Joint Registrar of Co-operative Societies, Coimbatore Region, Coimbatore.

2.The Special Officer, C.C.No.2360, Thevampalayam Primary Agricultural Co-op. Bank, Thevampalayam, Coimbatore.

.. Respondents This writ appeal is preferred under Clause 15 of the Letters Patent against the order of this court dated 10.6.2014 made in W.P.No.14817 of 2014.

Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider the representation sent by the petitioner dated 11.03.2014 on merits and in accordance with law. For Appellant : Mr.A.S.Balaji for M/s.Thenmozhi Shiva Perumal For Respondents: Mr.L.P.Shanmugasundara, Spl.G.P.(Co-op) for R-1 Mrs.T.P.Savitha for R-2

JUDGMENT

(Judgment of the Court was made by SATISH K. AGNIHOTRI, J.) The challenge in this appeal is to the order dated 10.6.2014 passed by the learned Single Judge in W.P.No.14817 of 2014. https://hcservices.ecourts.gov.in/hcservices/

2.

The writ petitioner approached the writ court, seeking a direction to consider his representation dated 11.3.2014 sent to the respondents. The learned Single Judge, holding that no writ petition against the cooperative society is maintainable, dismissed the writ petition. A Larger Bench of this court, comprising of five of the learned Judges of this Court in K.Marappan v. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal-636 001 and another1, has laid down law that the co-operative society is not a "State" within the definition of Article 12 of the Constitution of India and as such, no writ petition is maintainable. Accordingly, the learned Single Judge dismissed the writ petition. 3.

We do not find any error or illegality in the order of the learned Single Judge, warranting interference. Accordingly, the writ appeal is dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vvk To 1.The Joint Registrar of Co-operative Societies, Coimbatore Region, Coimbatore.

2.The Special Officer, C.C.No.2360, Thevampalayam Primary Agricultural Co-op. Bank, Thevampalayam, Coimbatore.

1 cc to Mr.M/s.Thenmozhi Shiva Perumal,Advocate, SR.No.19479 W.A.No.568 of 2015 km(co) pmk.21.4.2015 (2006) 4 CTC 689 https://hcservices.ecourts.gov.in/hcservices/