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Madras High CourtWP/5801/2022dismissed

K.Krishnasamy v. The Joint Registrar Of Co-Operative

2022-03-16Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.5801 of 2022 K.Krishnasamy

...Petitioner

Vs.

1. The Joint Registrar of Co-Operative Societies, Coimbatore Region, Chinthamani Complex, North Coimbatore, Coimbatore - 641 002.

2. The Deputy Registrar of Co-Operative Societies, Pollachi Circle, Pollachi - 642 001.

3. The Special Officer, K-97, Kinathukkadavu Primary Agricultural Co-Operative Bank, Kinathukkadavu - 642 109.

4. The Secretary, K-97, Kinathukkadavu Primary Agricultural Co-operative Bank, Kinathukkadavu - 642 109.

...Respondents

Prayer:Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the 3rd and 4th respondents to pay an amount of Rs.77,24,015/- being the arrears of subsistence allowance, back wages and other benefits to the petitioner by considering the petitioner's representation dated 30.09.2021.

For petitioner : Mr.S.Saravanan For RR1 & 2 : Mrs.S.Anitha Special Government Pleader For RR3 & 4 : Mr.G.Velu Additional Government Pleader

ORDER

This writ petition has been filed seeking to issue Writ of Mandamus, directing the 3rd and 4th respondents to pay an amount of Rs.77,24,015/- being the arrears of subsistence allowance, https://hcservices.ecourts.gov.in/hcservices/

back wages and other benefits to the petitioner by considering the petitioner's representation dated 30.09.2021. 2.It is pertinent to note that, in the light of the larger bench judgment of this Court in K.MARAPPAN VS. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, NAMAKKAL reported in 2006 (4) CTC 689, the writ petition filed against the Co-operative Society is not maintainable.

3.Accordingly, this writ petition is dismissed as not maintainable. No costs. However, liberty is granted to the petitioner to approach the competent authority under Section 90 of the Tamilnadu Cooperative Societies Act.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar ata/mst To

1. The Joint Registrar, Co-Operative Societies Coimbatore Region, Chinthamani Complex,North Coimbatore, Coimbatore - 641 002.

2. The Deputy Registrar, Co-Operative Societies, Pollachi Circle, Pollachi - 642 001.

3. The Special Officer, K-97, Kinathukkadavu Primary Agricultural Co-Operative Bank, Kinathukkadavu - 642 109.

4. The Secretary, K-97, Kinathukkadavu Primary Agricultural Co-operative Bank, Kinathukkadavu - 642 109.

+1cc to Mr.S.Saravanan, Advocate, S.R.No.17851 +1cc to the Government Pleader, S.R.No.18161 W.P.No.5801 of 2022 PL(CO) RGA(30/03/2022) https://hcservices.ecourts.gov.in/hcservices/