R. Ayyasamy v. The Special Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.01.2019

CORAM

THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM W.P.No.28227 of 2005 R.Ayyasamy ..Petitioner vs The Special Officer, HH-500, Sathanur Primary Agricultural Co-op Bank, Sathanur, Chengam Taluk, Tiruvannamalai District.

.. Respondent 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 of suspension of service of the petitioner passed by the respondent in his resolution dated 26.05.2005 and quash the same.

For Petitioner :Mr.C.Prakasam For Respondent : Mr.R.Chandrasekaran

O R D E R

The present writ petition has been filed challenging the order of suspension issued by the respondent Special Officer, Sathanur Primary Agricultural Co-op Bank.

2. The Co-operative Societies registered under the provisions of the Tamil Nadu Cooperative Societies Act 1983, is not a State within the meaning Article 12 of the Constitution of India. Thus no writ petition can be entertained against the Cooperative Society in view of the legal principles settled by the larger Bench in the case of K.Marappan Vs. Deputy Registrar, Cooperative Societies, reported in (2006) 4 CTC 689.

3. The remedy lies for the employees of the Cooperative Societies and the provisions of the Tamil Nadu Cooperative Societies Act 1983, and therefore the writ petitioner is at liberty to approach the Competent Authorities by filing a Revision Petition under the Tamil Nadu Cooperative Societies Act 1983.

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4. This being the legal principles, the present writ petition filed against the suspension order issued by the Special Officer of the Cooperative Society is not maintainable and accordingly, the writ petition stands dismissed. No Costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Pkn W.P.No.28227 of 2005 RSI(CO) GSP(20/02/2019) https://hcservices.ecourts.gov.in/hcservices/