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Madras High CourtWP/4702/2017dismissed

E.S.Rajasekar, S/O.E.Sivaraman v. The Registrar Of Cooperative

2017-07-06Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4702 of 2017 and W.M.P.4933 of 2017 E.S.Rajasekar ... Petitioner Vs 1.The Registar of Co-operative Societies, No.170 Periyar EVR High Road, Kilpauk, Chennai 600 010.

2.The Additional Registrar of Co-operative Societies., Formerly known as Joint Registrar Cooperative Societies, 91, Tanfed Building, 3rd Floor, St.Mary's Road, Alwarpet, Chennai, Tamil Nadu 600 002.

3.The LIC Employees Cooperative Bank Ltd., Formerly known as Joint Registrar Cooperative Societies, Rep.by its Authorised Signatory, The Special Officer, LIC Employees Cooperative Bank Limited, Chennai 600 108.

4.The President, The LIC Employees Cooperative Bank Ltd., No.8, United India Buildings, Esplanade Road Chennai 600 108.

5.R.Vijayakumar, Plot No.16, Aravind Nagar 2nd Street, Madambakkam, Chennai 600 126.

...Respondents

Prayer: Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the 4th respondents to consider the petitioner representation dated 31.01.2017 within the time frame fixed by this Court.

For Petitioner :

Mr.Yusuf S.Q. For M/S.Nathan and Associates.

For Respondents :

Mr.V.Selvaraj Addl. Govt. Pleader (R1 & 2)

ORDER

The relief sought for in this writ petition is to direct the 4th respondent to consider the representation submitted by the writ petitioner on 31.01.2017.

2.The 4th respondent is the LIC Employees Co-operative Bank Ltd., More so, it is a Co-operative Society, registered under the provisions of the Tamil Nadu Co-operative Societies Act. The fourth respondent being a Co-operative Society, registered under the provisions of Tamil Nadu Co-operative Societies Act is not a "State" within the meaning under the Article 12 of the Constitution of India. The legal principal in this regard is settled by a larger Bench of this court in the case of Mariappan & others Vs. Deputy Registrar, Co-operative Society reported in (2000) 4 CTC 689.

3.It is for the writ petitioners to redress the grievances through the methods prescribed under the provisions of Tamil Nadu Co-operative Societies Act.

4.In view of the above, no writ can be issued nor writ petition be entertained by this Court under Article 226 of the Constitution of India. Accordingly the writ petition stands dismissed as not maintainable. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar kas To 1.The Registar of Co-operative Societies, No.170 Periyar EVR High Road, Kilpauk, Chennai 600 010.

2.The Additional Registrar of Co-operative Societies, Formerly known as Joint Registrar Cooperative Societies, 91, Tanfed Building, 3rd Floor, St.Mary's Road, Alwarpet, Chennai, Tamil Nadu 600 002.

3.The LIC Employees Cooperative Bank Ltd., Formerly known as Joint Registrar Cooperative Societies, Rep.by its Authorised Signatory, The Special Officer, LIC Employees Cooperative Bank Limited, Chennai 600 108.

4.The President, The LIC Employees Cooperative Bank Ltd., No.8, United India Buildings, Esplanade Road Chennai 600 108.

+1cc to M/S. Nathan & Associates Sr. 47736 +1cc to the Government Pleader, Sr. 47240 W.P.No.4702 of 2017 and W.M.P.4933 of 2017 VGI(CO) VR(24/07/2017)