S.Vijayakumar, v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.22307 of 2015 S.Vijayakumar

...Petitioner

Versus

1. State of Tamil Nadu Rep. By the Director of Cooperative Audit Slum Clearance Buildings 1st Floor, Chennai - 600 005

2. Joint Director of Cooperative Audit Slum Clearance Bulidings 1st Floor Chennai - 600 005

3. The Assistant Director of Co-operative Audit Chennai North Opp. To LIC Building Anna Salai Chennai - 600 002

4. The President State Sector Bank Employees Co-operative Thrift and Credit Socieyt Ltd., XC-47 United India Insurance Buildings Esplanade Chennai - 600 108

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the thrid respondent to instruct the 4th respondent to refund the amount of deduction of Rs.1,55,500/- to the petitioner with interest at the rate of 12% per annum and also direct him to supply the details of the PF loan availed by the petitioner and the recovery of amount effected from his monthly salary till his retirement from service for

which the petitioner made representations dated 30.07.2014 and 20.06.2015 to the third respondent and marked copies to the respondents 1,2 and 4.

For Petitioner :

Mr.R.Malaichamy For Respondents :

Mr.L.P.Shanmuga Sundaram R1 to R3 Special Govt. Pleader

O R D E R

The petitioner is an employee of the fourth respondent Society. According to him, some portion of amount has been recovered from his terminal benefits illegally. Hence, he came forward to file this writ petition seeking a direction to the third respondent to instruct the fourth respondent to refund the amount deducted from his terminal benefits.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

3. In my view, if the petitioner has any grievance, he should have approached the revisional authority under Section 153 of the Tamil Nadu Co-Operative Societies Act since the writ petition cannot be maintained against the Co-Operative Socities in view of the dictum laid down by a larger bench of this Court in K.Marappan Vs. The Deputy Registrar of Co-operative Societies reported in 2006 (4) CTC

689. Hence, the writ petition is dismissed with liberty to the petitioner to approach the revisional authority and if the petitioner approaches the revisional authority, the revisional authority is directed to dispose of the revision as expeditiously as possible.

4. Accordingly, the writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar gpa

To

1. The Director of Cooperative Audit Slum Clearance Buildings 1st Floor, Chennai - 600 005

2. Joint Director of Cooperative Audit Slum Clearance Bulidings 1st Floor Chennai - 600 005

3. The Assistant Director of Co-operative Audit Chennai North Opp. To LIC Building Anna Salai Chennai - 600 002 1 CC to Mr.R.Malaichamy, Advocate SR.No. 37885 1 CC to the Government Pleader, SR.No. 38065 W.P.No.22307 of 2015 KU (CO) PSI (28.07.2015)