R.Manikannu, v. The Registrar Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.07.2022 CORAM :
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Writ Petition No.19949 of 2014 and M.P.No.2 of 2014 R.Manikannu ... Petitioner -Vs1. The Registrar of Co-operative Societies, Kilpauk, Chennai - 600 010.
2. The Joint Registrar of Co-operative Societies, Villupuram Region, Villupuram, Villupuram District.
3. The Special Officer, Arasoor Primary Agricultural Co-operative Bank Ltd., Ulundurpet Taluk, Villupuram District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, Calling for the impugned order passed by the 3rd respondent herein in his proceeding dated 07.06.2011 confirmed by the 2nd respondent in his impugned order in Na.Ka.3196/2010 Po. Vi.Thi.-1(1) dated 21.06.2011 and by the 1st respondent in his impugned order in Na.Ka.111718/10 Po.Vi.Thu.Pothu.2 dated 27.06.2011 and again confirmed by the 2nd 1/4
respondent in his impugned order in Na.Ka. 3196/2010/Po.Vi.Thi-1(1) dated 18.01.2012 and quash the same in so far as it related to recovery and consequently direct the respondents herein to pay the arrears of salary of Rs.1 37 311/- together with interest @ 24% per annum with effect from 07.06.2011.
For Petitioner : Mr.T.Dharani, for Mr.K.Raja For Respondents : Mrs.S.Anitha (for R1 & R2) Special Government Pleader Mr.L.P.Shanmugasundaram (For R3)
O R D E R
The order passed by the Management of the Arasoor Primary Agricultural Co-operative Credit Society is under challenge in the present writ petition.
2. The 3rd respondent society is registered under the provisions of the Tamil Nadu Co-operative Societies Act and not funded by the Government and thus the Society is not a 'State' within the meaning of Article 12 of the Constitution of India. The employees if aggrieved has to exhaust the statutory remedy under the provisions of the Tamil Nadu Co-operative Societies Act more specifically under Section 153 of the Act. Thus, the petitioner has to approach the revisional authority under Section 153 of the Act for the purpose of redressel of his grievance. 2/4
3. The principles in this regard are settled by the larger bench of this Court in the case of Marappan, K. v. The Deputy Registrar of Cooperative Societies, Namakkal reported in 2006 (4) CTC 689. Thus, the petitioner is at liberty to approach the revisional authority in a prescribed form for the purpose of redressal of his grievances. In the event of any such approach, the period during which the writ petition was pending before this Court should be taken into consideration for the purpose of condoning the delay and the issues are to be decided on merits and in accordance with law, as expeditiously as possible.
4. With this liberty, the writ petition stands disposed of. No Costs. Consequently, the connected Miscellaneous Petition is closed. 05.07.2022 Index: Yes/No Speaking/Non-speaking order.
ars 3/4
S.M.SUBRAMANIAM, J.
ars To
1. The Registrar of Co-operative Societies, Kilpauk, Chennai - 600 010.
2. The Joint Registrar of Co-operative Societies, Villupuram Region, Villupuram, Villupuram District.
3. The Special Officer, Arasoor Primary Agricultural Co-operative Bank Ltd., Ulundurpet Taluk, Villupuram District.
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