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Madras High CourtWP/24385/2017dismissed

S.Ramanathan v. The Registrar Of Cooperative

2017-09-12Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.09.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.24385 of 2017 S.Ramanathan ..Petitioner Vs 1.The Registrar of Co-Operative Society (Housing) No.493, Anna Salai, Tamil Nadu Housing Board Building, Nandanam, Chennai - 35.

2.The President, Bharathi Co-Operative Building Society, No.87 A, P.H.Road, Perambur, Chennai -11.

..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 2nd respondent to pay the entire outstanding amount of Rs.4,79,145.70/- as per the written representation dated 10.08.2017 within a stipulated period.

For Petitioner : Mr.V.Kayalvizhi For Respondents : Mr.L.P.Shanmugasundaram Special Government Pleader (Co-operative Societies)

O R D E R

The relief sought for in this writ petition is for a direction to the second respondent to pay entire outstanding amount of Rs.4,79,145.70/- as per the written representation dated 10.08.2017 within a stipulated period.

2. Admittedly, the direction sought for in this writ petition is against the second respondent which is a Cooperative Society, registered under the Tamil Nadu Co-Operative Societies Act, 1983. A Co-operative Society is not a "State" within the meaning of Article 12 of the Constitution of India. https://hcservices.ecourts.gov.in/hcservices/

3. Thus, no writ will lie against the Co-operative Societies, in view of the legal principles laid down by a larger Bench of this Court in the case of K.Marappan Vs. Deputy Registrar of Co-operative societies, reported in 2006 (4) CTC

689. It is left open to the writ petitioner to redress his grievances by way of filing appropriate petition under the provisions of the Tamil Nadu Co-Operative Societies Act, before the competent authorities. In this view of the matter, no further adjudication on merits needs to be undertaken in this writ petition.

4. Accordingly, the writ petition stands dismissed as not maintainable. However, no order as to costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ms To 1.The Registrar of Co-Operative Society (Housing) No.493, Anna Salai, Tamil Nadu Housing Board Building, Nandanam, Chennai - 35.

2.The President, Bharathi Co-Operative Building Society, No.87 A, P.H.Road, Perambur, Chennai -11.

+1 cc to Mr.L.P.shanmugasundaram Advocate sr 67176 W.P.No.24385 of 2017 ca(co) aa09/10/2017 https://hcservices.ecourts.gov.in/hcservices/