Kandasamy, S/O.Govinda Reddiar v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2026

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and WMP No. 16477 of 2024 Kandasamy ..Petitioner(s) Vs

1. The State Of TamilNadu Rep. By Secretary To Govt., Department Of Cooperation, Food And Consumer Protection, Fort St. George, Chennai 600009.

(R1 is deleted vide order dated 27.01.2026 in WMP No. 26624 of 2025 by this Court)

2. Joint Registrar, District Co-operative Society Office Of Collectorate, Tiruvallur Zone, Tiruvallur Dist.

3. Registrar Of Co-operative Societies Chetpet, Chennai.

(R3 is deleted vide order dated 27.01.2026 in WMP No. 42729 of 2024 by this Court)

4. The Managing Director Tiruvallur District Consumer Wholesale Marketing Society, Tiruvallur.

..Respondent(s) Prayer : This petition has been filed under Article 226 of the Constitution of India, to call for the impugned records relating to Na.Ka.No. 288/2016/A3 dated 02.02.2024 on the file of Second Respondent and quash the said proceedings in respect of petitioner and forbearing the second respondent from partially implementing the unreasonable restriction imposed on the petitioner hold

disqualified forever from becoming the Executive Committee Member in any Society registered under Section 36(1) of TamilNadu Cooperative Societies Act 1983.

For Petitioner(s):

Mr.J.R.K.Bhavanantham For Respondent(s):

Ms.E.Ranganayaki, AGP (R2) Mr.P.Sathish, AGP (R4)

ORDER

I heard Mr.J.R.K.Bhavanantham for the Petitioner and Ms.Ranganayaki for the respondents 2 and 4.

2. The impugned order has been passed by the second respondent invoking Section 36(1) of the Tamil Nadu Cooperative Societies Act 1983. The order so passed is susceptible to an appeal under Section 152 (2)(a)(v) of the Tamil Nadu Co-operative Societies Act, 1983. An appeal from the second respondent lies to the Registrar of Cooperative Societies.

3. When there is a statutory right of appeal, I do not want to exercise my power under Article 226 of the Constitution of India. This is because an Appellate Authority, being a nature of the statutory appeal, will be entitled to go into the facts and laws and it will not be restricted, as in the case of Writ of Certiorari.

4. The writ petition is dismissed, since the writ petitioner has an effective and efficacious remedy by way of an appeal under Section 152(2)(a)(v) of the Tamil Nadu Co-operative Societies Act, 1983.

5. Mr.J.R.K.Bhavanantham states that soon after the order copy served on the writ petitioner, he has filed this writ petition.

6. A perusal of the affidavit shows that the order dated 02.02.2024 was served on the petitioner on 20.02.2024 and the writ petitioner came to be presented on 06.06.2024. Hence, 30 days' time from the date of receipt of a copy of this order is granted to the petitioner to file an appeal before the Registrar of Cooperative Societies challenging the impugned order.

7. This writ petition is dismissed with liberty. Consequently, connected miscellaneous petition is closed. No costs.

27-01-2026 3/3 Index: Yes/No Speaking/Non-speaking order Maya Note : Registry to return the original impugned order filed along with this writ petition to the writ petitioner, after making usual endorsement.

V.LAKSHMINARAYANAN, J.

Maya To

1. The State Of Tamil Nadu Rep. By Secretary To Government Department Of Cooperation, Food And Consumer Protection, Fort St. George, Chennai 600009.

(R1 is deleted vide order dated 27.01.2026 in WMP No. 26624 of 2025 by this Court)

2. Joint Registrar, District Co-operative Society Office Of Collectorate, Tiruvallur Zone, Tiruvallur Dist.

3. Registrar Of Co-operative Societies Chetpet, Chennai.

(R3 is deleted vide order dated 27.01.2026 in WMP No. 42729 of 2024 by this Court)

4. The Managing Director Tiruvallur District Consumer Wholesale Marketing Society, Tiruvallur.

5. The Section Officer ER Section Madras High Court Chennai-600104.

Dated : 27-01-2026