Mr.E.Elumalai, v. Commissioner Of Sugar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN E.Elumalai ... Petitioner Vs.

1.Commissioner, Government of Tamilnadu, 474, Anna Salai, Nandanam, Chennai-35 2.The Administrator, Cheyyar Co-Op Sugar Mills Limited, Anakkavoor - Thenthandalam, Cheyyar 604 407 3.A.Karthikeyan 4.M.Venkatesan 5.R.Kandasamy 6.G.Prabakaran 7.D.Ravichandran 8.N.R.Sivarajan 9.P.Murugan 10.A.Venkatesan ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the second respondent herein to rework the petitioner's seniority in relation to the respondents 3 to 10 in accordance with the guidelines bearing number Rc.No.14542/SL3/97 dated 24.06.2000 issued by the first respondent and thereby promote the petitioner to the post of crane operator with 1/4

consequential seniority and resultant monetary benefits in the promoted post subject to any condition that may be imposed by this Court. For Petitioner : No appearance For Respondents For R1 : Mr.L.S.M.Hasan Fizal, Additional Government Pleader For R2 : Mr.T.M.Rajangam For R3 to 10 : Mr.T.Ramkumar

O R D E R

This writ petition has been filed for direction to the second respondent to rework the petitioner's seniority in relation to respondents 3 to 10 in accordance with the guidelines dated 24.06.2000 issued by the first respondent.

2.

The second respondent is a Sugar Mill run by the Cooperative Society under the control of the first respondent. However, the issue involved in this writ petition is a dispute in respect of service matter between an employee and an employer. As per the judgment of this Court in the case of K.Marappan vs. The Deputy Registrar of Co2/4

operative Societies, Namakkal & another reported in 2006 (4) LW 495, no writ will lie against the Cooperative Society. Therefore, the writ petition itself is not maintainable. Accordingly, this writ petition is liable to be dismissed. However, the petitioner can resort by filing revision before the Tribunal under Section 153 of Tamilnadu Cooperative Societies Act.

3.

Accordingly, this writ petition is dismissed. There shall be no order as to costs.

29.08.2023 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.Commissioner, Government of Tamilnadu, 474, Anna Salai, Nandanam, Chennai-35 2.The Administrator, Cheyyar Co-Op Sugar Mills Limited, Anakkavoor - Thenthandalam, Cheyyar 604 407

3. The Government Advocate, High Court, Madras.

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