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Madras High CourtWP/17773/2018dismissed

K.Ravichandran, v. The Joint Registrar Of

2019-03-12Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12-03-2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.17773 of 2018 And W.M.P.Nos.21041 and 21042 of 2018 K.Ravichandran ..

Petitioner - Vs. - The Joint Registrar of Cooperative Societies/ Managing Director, Villupuram District Central Cooperative Bank, No.2, Hospital Road, Villupuram, Villupuram District.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the entire records relating to the impugned order passed by the respondent in his proceedings Na.Ka.No.5A/E1/2018 (41), dated 12.3.2018 and quash the same.

For Petitioner: Mr.C.Prakasam For Respondent: Mr.L.P.Shanmugasundaram, Special Government Pleader (Co.op).

O R D E R

The charge memo issued by the respondent-Management of a Co-operative Society, is under challenge in the present writ petition.

2. The Managing Director of the Co-operative Bank issued a charge memo on account of certain allegations framed against the writ petitioner. First of all, the writ proceedings against the management of the Coperative Society is not maintainable in view of the legal principles settled by the larger Bench of this Court in the case of K.Marappan vs. Deputy Registrar of Co-Operative Societies, Namakkal Circle, Namakkal [(2006) 4 CTC 689 (FB)].

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3. This apart, no writ petition can be entertained against the charge memo in a routine manner.

4. The writ petitioner has to participate in the process of enquiry in order to establish his innocence or otherwise. Even in case of certain illegal grounds with reference to the provisions of the Tamil Nadu Co-operative Societies Act, 1983, the writ petitioner has to approach the competent authorities under the Act, for the redressal of his grievance, more specifically under Section 153 of the Act, provides a revision.

5. This being the factum, the present writ petition deserves no consideration. Accordingly, the writ petition stands dismissed as not maintainable. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also dismissed.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar Svn To The Joint Registrar of Cooperative Societies/ Managing Director, Villupuram District Central Cooperative Bank, No.2, Hospital Road, Villupuram, Villupuram District.

+1 CC to Mr.Shanmuga Sundaram, Advocate sr 23685. +1 CC to Mr.Prakasam, Advocate sr 24877.

+1 CC to Govt. Pleader sr 23592.

WP 17773 of 2018 MN(CO) SP(03/04/2019) https://hcservices.ecourts.gov.in/hcservices/