P.Chellamuthu, v. The Joint Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2017

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.No.33484 of 2014 P.Chellamuthu .. Petitioner Vs.

1.The Joint Registrar, Co-operative Society, Thiruppur Region, Thiruppur District.

2.The Deputy Registrar, Co-operative Society, Dharampuram Circle, Thiruppur District.

3.The President, Muthur Primary Agriculture Co-operative Credit Society, Thiruppur District.

.. Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of Mandamus to direct the respondents to consider the petitioner's representation dated 29.11.2014 i.e. to accept the resignation submitted by the petitioner on 02.05.2013 relieving from his service and to disburse the entire terminal benefits to the petitioner within a time frame.

For Petitioner .. Mr.V.Chinnasamy For R1 & R2 .. Mr.L.P.Shanmugasundaram For R1 .. Mr.K.v.Shanmuganathan

ORDER

When the matter is taken up for hearing, the learned counsel for the respondents would submit that in view of the decision of the Larger bench of this court reported in 2006(4) CTC 689 in K.Marappan vs. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal 636 001 and another, the writ petition is not maintainable as against the Co-operative Society. https://hcservices.ecourts.gov.in/hcservices/

2. In view of the submission made by the learned counsel for the respondents and the decision of the Larger bench of this Court, the present writ petition cannot be entertained. However, the petitioner is at liberty to approach the concerned Authority under the Co-operative Societies Act. In case, there is a delay in filing the application by the petitioner, the Authority shall consider the same in the light of the pendency of the writ petition before this court.

In view of the same, this writ petition is closed. No costs.

Sd/- Deputy Registrar(J) //True Copy// Sub Assistant Registrar kkd To 1.The Joint Registrar, Co-operative Society, Thiruppur Region, Thiruppur District.

2.The Deputy Registrar, Co-operative Society, Dharampuram Circle, Thiruppur District.

3.The President, Muthur Primary Agriculture Co-operative Credit Society, Thiruppur District.

+1cc to Mr.K.V.Shanmuganathan, Advocate SR.No.51773 +1cc to Mr.V.Chinnasamy, Advocate SR.No.51467 W.P.No.33484 of 2014 SVI(CO) GN(17/08/2017) https://hcservices.ecourts.gov.in/hcservices/