R.Perumal v. The Joint Registrar Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2019
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.5430 of 2018 R.Perumal ... Petitioner Vs
1. The Joint Registrar of Co-operative Societies, Villupuram Region, Villupuram.
2. The President, Thengayanatham Primary Co-operative Societies, Thengayanatham & Post, Chinnasalem Taluk, Villupuram.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent dated 06.10.2017 and to quash the same and consequently direct the second respondent to permit the petitioner to rejoin duty by revoking the suspension.
For Petitioner : Mr.S.Sairaman For Respondents : Mr.L.P.Shanmuga Sundaram, Special Government Pleader.
O R D E R
The order of suspension issued by the third respondent/Cooperative Societies is under challenge in the present writ petition.
2. The proceedings of the second respondent Society on initiation of disciplinary proceedings against the writ petitioner issued the order of suspension impugned in the writ petition. The Co-operative Society registered under the provision of the Tamil Nadu 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 lies within the provisions of the Act, itself.
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3. In view of this fact the no writ petition can be entertained and the principles in this regard are settled by the larger bench of this Court in the case of Marappan and others Vs. Deputy Registrar of Co-operative Societies, Namakkal [reported in 2006 (4) CTC 689]. Under these circumstance the petitioner is at liberty to approach the competent authorities and the provisions of the Co-operative Societies for redressal of his grievance. With these observations this writ petition stands dismissed as not maintainable. However, there shall be no order as to costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar tta To
1. The Joint Registrar of Co-operative Societies, Villupuram Region, Villupuram.
2. The President, Thengayanatham Primary Co-operative Societies, Thengayanatham & Post, Chinnasalem Taluk, Villupuram.
+1 cc to Mr.S.Sairaman, Advocate, S.R.No.11256 +1 cc to the Government Pleader, S.R.No.11867 W.P.No.5430 of 2018 EV(CO) SSM(06/03/2019).
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