K.Ayyappan v. The Milk Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.13512 of 2018 K.Ayyappan ..

Petitioner -vs1. The Milk Commissioner (Dairy Development Department) Madhavaram Chennai 600 051

2. The Deputy Registrar (Dairying) Villupuram District Villupuram

3. The Special Officer/Co-operative Sub Registrar Villupuram District Villupuram

4. Mr.Kathiravan

5. The Branch Manager Central Bank of India Kallakurichi Branch

6. The Branch Manager Villupuram District Central Co-operative Bank Kallakurichi Branch ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, to call for the records impugned orders in Na.Ka.No.545/2018/E dated 30.05.2018 issued by the second respondent and quash the same and consequently direct the second respondent to nominate fit persons as Secretary cum Authorised Signatory of TND 125 Siruvangur Milk Producers Co-operative Society, Villupuram District.

For Petitioner ::

Mr.R.Kumaravel For Respondents ::

Mr.L.P.Shanmughasundaram Special Government Pleader for R1 to 3 & 6

ORDER

This writ petition has been directed against the order passed by the Deputy Registrar (Dairying), Villupuram District appointing one Mr.Kathiravan, the fourth respondent herein as the temporary Secretary of TND 125 Siruvangur Milk Producers Cooperative Society.

2. The allegation made against the appointment of the fourth respondent by the petitioner shows that already there was a show cause notice issued on 6.3.2018 to the Board for having appointed the fourth respondent herein as the Secretary of the society. The said show cause notice was put to challenge unsuccessfully in W.P.No.6027 of 2018, which was dismissed on 10.4.2018 by this Court.

3. In view of the legal principle that the availability of alternative remedy will be a bar to entertain the writ petition under Article 226, this Court is not inclined to entertain the writ petition. Accordingly, the writ petition stands dismissed granting liberty to the petitioner to avail the effective statutory appellate remedy before the first respondent. Consequently, W.M.P.Nos.15919 & 15920 of 2018 are also dismissed. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar ss To

1. The Milk Commissioner (Dairy Development Department) Madhavaram Chennai 600 051

2. The Deputy Registrar (Dairying) Villupuram District Villupuram

3. The Special Officer/Co-operative Sub Registrar Villupuram District Villupuram

4. The Branch Manager Central Bank of India Kallakurichi Branch

5. The Branch Manager Villupuram District Central Co-operative Bank Kallakurichi Branch +1cc to Mr.L.P.SHANMUGASUNDARAM, Advocate, S.R.No.35211 +1cc to the Government Pleader, S.R.No.35314 +1cc to Mr.R.KUMARAVE, Advocate, S.R.No.34902 W.P.No.13512 of 2018 NM(CO) TR(13/06/2018)