N.Murugesan v. The Director Of Handlooms And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.04.2015

CORAM

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.No.10077 OF 2015 & M.P.No.1 of 2015

1. N.Murugesan ... PETITIONER Vs

1. The Director of Handlooms and Textiles Kuralagam Second Floor, Chennai-108

2. The Joint Director of Handlooms & Textiles/Managing Director The Krishnagiri District Coop. Spinning Mills Ltd. Uthangarai, Krishnagiri District.

... RESPONDENTS Writ petition is filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus to call for entire records in connection with the impugned order of the 2nd respondent proceeding Na.Ka.No.14/ E-73/99 and dated 13.3.2015 and quash the same as illegal and unconstitutional and direct the respondents to disburse the wages back wages and benefits of the petitioner.

For Petitioner : Mr.S.Sithiraj Anandam For Respondents : Mr.D.Venkatachalam Government Advocate

O R D E R

With the consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the admission stage itself.

2.The petitioner is aggrieved over the order dated 13.03.2015, passed by the second respondent Co-operative Spinning Mill, refusing to regularise the services of the leave period. 3.Admittedly, the second respondent is a Co-operative Society and in the light of the larger Bench Judgment of this Court in https://hcservices.ecourts.gov.in/hcservices/

[K.Marappan Vs. The Deputy Registrar of Co-operative Societies (Namakkal)] (2006) (4) CTC 689, the Writ Petition cannot be maintained against Co-operative Societies.

4.Accordingly the writ petition stands dismissed. However, the dismissal of the writ petition will not preclude the petitioner from approaching the appropriate authorities under section 153 of the Cooperative societies Act. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rpa To

1. The Director of Handlooms and Textiles Kuralagam Second Floor, Chennai-108

2. The Joint Director of Handlooms & Textiles/Managing Director The Krishnagiri District Coop. Spinning Mills Ltd. Uthangarai, Krishnagiri District.

+1cc to M/s.D.Venkatachalam, Advocate, S.R.No.19538 +1cc to M/s.S.Sithirai Anandam, Advocate, S.R.No.19363 +1cc to the Government Pleader, S.R.No.19681 W.P.No.10077 OF 2015 and M.P.No.1 of 2015 RSK(CO) CA(16/04/2015) https://hcservices.ecourts.gov.in/hcservices/