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Madras High CourtWP/10460/2024dismissed

N.Bharathi v. The Joint Registrar Of Cooperative Societies

2024-04-16Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.11457 and 11459 of 2024 N.Bharathi .. Petitioner

Versus

1. The Joint Registrar of Cooperative Societies, Tiruppur Region, Tiruppur, Tiruppur District.

2. The President, T.P.Spl.29, Sivanmalai Primary Agricultural Cooperative Credit Society, Sivanmalai, Kangayam Taluk - 638 701, Tiruppur District.

3. The Domestic Enquiry Officer, T.P.Spl.29, Sivanmalai Primary Agricultural Cooperative Credit Society, Sivanmalai, Kangayam Taluk - 638 701, Tiruppur District.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned charge memo issued by the 2nd respondent in his proceedings No.Nil, dated 24.07.2023 and quash the same and 1/4

consequently, direct the 1st respondent to appoint any other Officials to deal with the disciplinary proceedings initiated against the petitioner. For Petitioner : Mr.C.Prakasam For Respondents : Mrs.M.Geetha Thamaraiselvan, Special Government Pleader, for R1 : Mr.A.Selvendran, Special Government Pleader, for R2

ORDER

This Writ Petition is filed challenging the charge memorandum, dated 24.07.2023.

2. It can be seen that the charge memo is issued by the President, Sivanmalai Primary Agricultural Co-operative Society, the second respondent. The second respondent is not a local or other authority within the meaning of Article 12 of the Constitution of India. Therefore, this Writ Petition is not maintainable.

3. Therefore, giving such liberty to the petitioner including filing a Revision Case under Section 153 of the Tamil Nadu Co-operative Societies 2/4

Act, 1983 before the first respondent, this Writ Petition is dismissed as nonmaintainable. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

16.04.2024 Index : yes Speaking order : no grs To

1. The Joint Registrar of Cooperative Societies, Tiruppur Region, Tiruppur, Tiruppur District.

2. The President, T.P.Spl.29, Sivanmalai Primary Agricultural Cooperative Credit Society, Sivanmalai, Kangayam Taluk - 638 701, Tiruppur District.

3. The Domestic Enquiry Officer, T.P.Spl.29, Sivanmalai Primary Agricultural Cooperative Credit Society, Sivanmalai, Kangayam Taluk - 638 701, Tiruppur District.

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D.BHARATHA CHAKRAVARTHY, J.

grs and W.M.P.Nos.11457 and 11459 of 2024 16.04.2024 4/4