D.Anburose v. The Joint Registrar Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2017
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.15182 of 2017 and W.M.P.No.16453 of 2017 D.Anburose .. Petitioner vs.
1.The Joint Registrar of Cooperative Societies Anna Cooperative Training Institute Campus Opposite to Collectorate Vandavasi Road, Kancheepuram, Kancheepuram District.
2.The Deputy Registrar of Cooperative Societies Kancheepuram Circle Anna Coop. Training Institute Campus Opposite to Collectorate, Vandavasi Road Kancheepuram, Kancheepuram District.
3.The Managing Director Sriperumbudur Taluk Agricultural Producers Cooperative Marketing Society Nazarathpet, Poonamallee Taluk Tiruvallur District.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari calling for the entire records relating to the impugned order passed by the third respondent in his proceedings No.Nil, dated 13.06.2017 and quash the same.
For Petitioner : Mr.C.Prakasam For Respondents : Mr.L.P.Shanmughasundaram Special Government Pleader
O R D E R
Mr.L.P.Shanmughasundaram, the learned Special Government Pleader takes notice on behalf of the respondents.
2.By consent, the writ petition itself is taken up for final disposal.
3.The order under challenge in this writ petition is a showcause notice issued to the writ petitioner on 13.06.2017, directing the writ petitioner to submit his explanation within a period of seven days, with regard to certain allegations. Apart from the fact that the order impugned in this writ petition is just a show cause notice, the said notice was issued by a Cooperative Society, which is not a State within the meaning of Article 12 of the Constitution of India.
4.The writ petition is not maintainable on two grounds namely, it is against a show-cause notice and also against a Cooperative Society, which is a Society. In this regard, a larger Bench of this Court in K.Marappan and ors. Vs. The Deputy Registrar of Co-operative Societies reported in 2006 (4) CTC 689, held that no writ will lie against a Cooperative Society.
5. Hence, this court is not inclined to consider the other grounds raised in this writ petition. Accordingly, the writ petition stands dismissed. It is for the petitioner to approach the competent authorities under the provisions of the Tamil Nadu Co-operative Societies Act seeking appropriate remedy. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar dna/gpa To
1. The Joint Registrar of Cooperative Societies Anna Cooperative Training Institute Campus Opposite to Collectorate Vandavasi Road, Kancheepuram, Kancheepuram District.
2. The Deputy Registrar of Cooperative Societies Kancheepuram Circle Anna Coop. Training Institute Campus Opposite to Collectorate, Vandavasi Road, Kancheepuram, Kancheepuram District.
3. The Managing Director Sriperumbudur Taluk Agricultural Producers Cooperative Marketing Society Nazarathpet, Poonamallee Taluk Tiruvallur District.
+1cc to M/s.C.Prakasam, Advocate in sr.no.46710 W.P.No.15182 of 2017 and W.M.P.No.16453 of 2017 SS(CO) NR 20/07/2017