R.Kesavan v. The Joint Registrar/Domestic

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2015

CORAM:

THE HON'BLE MR. JUSTICE D.HARIPARANTHAMAN W.P.NoS.17796 & 17797 of 2015 & M.P.NoS. 1 & 1 of 2015 R.Kesavan

...Petitioner in W.P.No.17796 of 2015

R.Ganesan

...Petitioner in W.P.No.17797 of 2015

Vs.

1. The Joint Registrar/ Domestic Enquiry Officer, Panruti Agricultural Producers Co-op. Marketing Society, No.5-A, Vilamangalam Road, Panruti, Cuddalore District

2. Managing Director, Panruti Agricultural Producers Co-op.Marketing Society, No.5-A, Vilamangalam Road, Panruti, Cuddalore District

...Respondents in both W.Ps.

Petitions under Article 226 of the Constitution of India praying for a Writ of mandamus directing the respondents to furnish the relevant documents to the petitioner for the purpose to defend his disciplinary proceedings as per written representation made by the petitioner on 07.06.2015, in which the petitioner pointed out the relevant documents.

For Petitioners :

Mr.C.Prakasam For Respondents :

Mr.L.P.Shanmuga Sundaram, Spl.G.P.

C O M M O N O R D E R The petitioners were working as Clerk and Accountant, respectively, in the second respondent Co-operative Society. In these writ petitions they seek for a direction to the respondent/Cooperative Society to furnish them the relevant documents for the purpose of defending the disciplinary proceedings. https://hcservices.ecourts.gov.in/hcservices/

2. I am of the view that the writ petitions are not maintainable against co-operative society in view of the larger Bench Judgement of this Court in the case of Marappan vs. Deputy Registrar of Co-operative Societies, Namakkal, reported in 2006(4) CTC 689. Hence, the writ petitions will stand dismissed. However, this will not prevent the petitioners from seeking such remedy which are open to them under law. No costs. Consequently connected miscellaneous petitions are dismissed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar To

1. The Joint Registrar/ Domestic Enquiry Officer, Panruti Agricultural Producers Co-op. Marketing Society, No.5-A, Vilamangalam Road, Panruti, Cuddalore District

2. Managing Director, Panruti Agricultural Producers Co-op.Marketing Society, No.5-A, Vilamangalam Road, Panruti, Cuddalore District 2 CCs to Mr.C.Prakasam, Advocate SR.No. 31257 1 CC to the Government Pleader, SR.No. 31288 W.P.Nos.17796 & 17797 of 2015 MP (CO) PSI (09.07.2015) https://hcservices.ecourts.gov.in/hcservices/