V.Muthukumarasamy v. The Deputy Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.11.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.16673 of 2010 V.Muthukumarasamy ..Petitioner vs 1.The Deputy Registrar of Co-operative Societies, Pudhupalayam Main Road, Cuddalore District.

2.The Special Officer, T.Palayam Primary Agricultural Co-operative Bank., T.Palayam Post, Kulamchavadi(via) Cuddalore District - 617 301.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent herein to regularize the petitioner's services as Accountant in the second respondent society as per order of the then president of the society dated 03.05.1999.

For Petitioner : Mr.S.Balasubramanian For Respondents : Mr.L.P.Shanmugasundaram Special Government Pleader (Co-operatives)for R1 Mr.M.S.Palanisamy for R2

O R D E R

The relief sought for in this writ petition is for a direction to the 1st respondent to regularize the services of the writ petitioner in the 2nd respondent society. 2.Admittedly, the writ petitioner was appointed as Salesman in the 2nd respondent society and thereafter, promoted to the post of Accountant in the year 1999. However, the services of the petitioner was not regularized. Thus, the writ petitioner is constrained to move this writ petition under Article 226 of the Constitution of India.

3.The relief sought for by the writ petitioner is against a Co-operative society which is not a State within the meaning of Article 226 of the Constitution of India. The legal principles https://hcservices.ecourts.gov.in/hcservices/

in this regard was settled by the Larger Bench of this Court in the case of K.Marappan Vs. The Deputy Registrar of Co-operative Societies and another reported in 2006 (4) CTC 689, the remedy lies to the writ petitioner before the competent authorities under the provisions of the Tamil Nadu Co-operative Societies Act. Thus, in respect of regularization, the Hon'ble Division Bench of this Court also delivered a judgment in the case of Justin and others reported in 2002 [4] CTC 389, the matter was considered by the competent authorities in accordance with the proof held in the case of Justin and Others(cited supra). Thus, no writ can be entertained against a Co-operative Society and it is left open to the writ petitioner to approach the competent authority under the provisions of the Act.

4.Accordingly, the writ petition stands dismissed as nonmaintainable. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kak To 1.The Deputy Registrar of Co-operative Societies, Pudhupalayam Main Road, Cuddalore District.

2.The Special Officer, T.Palayam Primary Agricultural Co-operative Bank., T.Palayam Post, Kulamchavadi(via) Cuddalore District - 617 301.

+1 cc to Mr.S.Balasubramanian Advocate sr 83116 +1 cc to Govt Pleader sr83666 W.P.No.16673 of 2010 sr(co) aa13/2/2017 https://hcservices.ecourts.gov.in/hcservices/