Madras High CourtWP/19797/2021disposed of

R.Saravanan v. The Deputy Registrar

2021-09-17Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.19797 of 2021 and W.M.P.Nos.21070 & 21071 of 2021 R.Saravanan ... Petitioner Vs.

1 The Deputy Registrar of Co-operative Societies Thirukovilur Villupuram District.

2 Villupuram District Central Co-operative Bank Ltd Rep by its managing director 2 Hospital Road Villupuram 605 602. 3 K. Pandian Co-operative Sub-Registrar / Field Officer Chinnasalem Thirukovilur.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records on the file of the respondents relating to the impugned order of the first respondent bearing Na. Ka. No. 511 / 2020 Thovesa dated 24.02.2020 and the consequential enquiry report of the third respondent dated 31.08.2020 and quash the same and further direct the respondents not to take any further proceedings against the petitioner. For Petitioner :Mr.A.S.Thambusamy For Respondent :Mr.A.Selvendran, Government Advocate - for R1 Dr.S.Suriya, Government Advocate for R2

O R D E R

This writ petition has been filed challenging the impugned proceedings of the first respondent dated 24.02.2020 and the enquiry report of the third respondent dated 31.08.2020. https://hcservices.ecourts.gov.in/hcservices/

2. Heard Mr.A.S.Thambusamy, learned counsel for the petitioner, Mr.A.Selvendran, learned Government Advocate appearing for the first respondent and Dr.Suriya, learned Government Advocate appearing for the second respondent.

3. It is seen from records that the petitioner had filed an appeal in C.M.A.No.12 of 2020 and it is stated that the same was dismissed by an order dated 15.09.2021. Therefore, the petitioner has to necessarily challenge the said order by way of filing a Civil Revision Petition under Article 227 of the Constitution of India.

While filing the revision, the petitioner can always question the lack of jurisdiction of the first respondent in the revision and a writ petition cannot be maintained before this Court.

4. Except giving this liberty, no further orders can be passed in this writ petition. This writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar kst To 1.The Deputy Registrar of Co-operative Societies Thirukovilur Villupuram District.

2.The Managing Director Villupuram District Central Co-operative Bank Ltd No. 2 Hospital Road Villupuram 605 602.

Copy to: The Section Officer, E.R.Section, High Court, Madras (Direction to return the Original Documents to the Counsel for the Petitioner) +1cc to Mr.A.S.Thambuswamy, Advocate, S.R.No.47473 +1cc to the Government Pleader, S.R.No.47898 W.P.No.19797 of 2021 PVS(CO) CB(06/10/2021) https://hcservices.ecourts.gov.in/hcservices/