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Madras High CourtWP/15348/2024disposed of

Bharathi, v. The Deputy Registrar Of Co-Operative Societies,

2024-06-11Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Bharathi ..

Petitioner Vs.

1. The Deputy Registrar of Co-operative Societies Office of the Deputy Registrar of Co-operative Societies Ranipet Circle, Ranipet - 632 403.

2. Enquiry Officer / Section 81 Officer VL SPL. 81 T.K.Thangal Town Co-operative Credit Society Thenkadapan Thangal, Walaja Taluk Ranipet District - 632 513.

3. Co-operative Sub-Registrar / Administrator VL SPL. 81 T.K.Thangal Town Co-operative Credit Society Thenkadapan Thangal, Walaja Taluk Ranipet District - 632 513.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus, calling for the records relating to the impugned proceedings dated 05.06.2024 on the file of the third respondent and quash the same, consequently direct the respondents to reinstate the petitioner into the service. For the Petitioner : Mr.S.Sairaman For the Respondents : Mr.M.S.Arasakumar Government Advocate

ORDER

The petitioner is challenging the order of suspension dated 05.06.2024.

2. The petitioner is an employee of VL SPL. 81 T.K.Thangal Town Co-operative Credit Society. As such, the said Cooperative Society is not a local or other authority within the meaning of Article 12 of the Constitution of India, so as to prefer a writ petition directly. The petitioner has an effective remedy of filing a revision petition under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983.

3. As such, this writ petition is disposed of on the following terms:

(i) the prayer of the petitioner to quash the impugned order of suspension dated 05.06.2024 is negated.

(ii) the petitioner will be entitled to assail the said order by filing a revision petition under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983 and all the contentions raised by the petitioner are

kept open to be raised in the said revision petition. (iii) as and when such revision petition is filed, the same shall be considered expeditiously and disposed of, in accordance with law, within a period of twelve

(12) weeks from the date of filing of such revision petition.

There shall be no order as to costs. Consequently, W.M.P.No.16669 of 2024 is also closed.

11.06.2024 Index : Yes/No Note 1: Registry shall return the original impugned suspension order, as a copy of the same is already annexed in the typed-set of papers.

Note 2: Registry shall issue order copy on 13.06.2024. drm

To:

1. The Deputy Registrar of Co-operative Societies Office of the Deputy Registrar of Co-operative Societies Ranipet Circle, Ranipet - 632 403.

2. Enquiry Officer / Section 81 Officer VL SPL. 81 T.K.Thangal Town Co-operative Credit Society Thenkadapan Thangal, Walaja Taluk Ranipet District - 632 513.

3. Co-operative Sub-Registrar / Administrator VL SPL. 81 T.K.Thangal Town Co-operative Credit Society Thenkadapan Thangal, Walaja Taluk Ranipet District - 632 513.

D.BHARATHA CHAKRAVARTHY,J.

(drm) 11.06.2024