Madras High CourtWP/15871/2018disposed of

A.Muruganandam v. The President Coimbatore

2019-02-21Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.02.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.15871 of 2018 and W.M.P.No.18876 of 2018 A.Muruganandam ..Petitioner vs

1. The President, Coimbatore District Central Co-operative Bank Limited,

2. The Co-operative Sub-Registrar, O/o.The Co-operative Sub-Registrar, Coimbatore Division,

3. The Joint Registrar, Co-operative Societies, ..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorified Mandamus to call for the records in Na.Ka.No.01785/2017/E1 dated 27.03.2018 of the 1st respondent and quash the same and consequently direct the 1st respondent to consider the representation of the petitioner dated 18.09.2017 without taking into consideration the Bank by-law Rule 23.

For Petitioner : M/s.Tamilzh Law Firm for Mr.R.Amardeep & Mr.T.Arunkumar For Respondents : M/s.S.Prabavathy for Mr.M.S.Palaniswamy for R1 Mr.L.P.Shanmuga Sundaram for R2& 3 Special Government Pleader (Co-op).

O R D E R

The order issued by the President of Coimbatore District Bank is under challenge in the present writ petition.

2. The Co-operative Society registered under the provisions of the Tamil Nadu Co-operative Societies is not "State" within the meaning of Article 12 of the constitution of India. Even after the constitutional amendment by adding the Co-operative Society as an institution in the 9th Constitution, it is to be established that such Societies are found by the Government machinery only and if the Government funds are invested in the Co-operative Society over and above 50%, then alone the said Cooperative institution can be considered as a "State" within the meaning of Article 12 of the constitution of India. Otherwise, the employees of the Co-operative Society have to approach the competent authorities under the provisions of the Tamil Nadu Cooperative Society, in order to exercise the remedies available, specifically under Section 153 of the Act, which provides for redressal, in respect of the grievances raised in the present writ petition.

3. In this view of the matter, the writ petitioner is at liberty to approach the competent authority under the provisions of the Tamil Nadu Co-operative Society, for the purpose of the redressal of his grievances and to exercise the remedy provided under the Statute.

4. With these observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kmm To 1.The President, Coimbatore District Central Co-operative Bank Limited,

2.The Co-operative Sub-Registrar, O/o.The Co-operative Sub-Registrar, Coimbatore Division, 3.The Joint Registrar, Co-operative Societies, +1 cc to M/s.Tamizh Law Firm, Advocate, S.R.No.16435 +1 cc to M/s.M.S.Palanisamy, Advocate, S.R.No.16584 W.P.No.15871 of 2018 VBA(CO) SSM(28/03/2019).