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Madras High CourtWP/26998/2023dismissed

S.Jayaradha v. The Deputy Registrar

2023-09-14Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR S.Jayaradha ... Petitioner Vs

1. The Deputy Registrar, Co-operative Societies Public Distribution Scheme, Namakkal District Collector office, Namakkal District.

2. The President, SN299 Molasi Primary Agricultural Co-operative Society Ltd., Molasi - 637 210 [A.N], Thirugnegodu Taluk, Nammkkal District.

3. P.Kalaiselvi ... Respondents Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Order proceedings passed by the second respondent dated 28.07.2023 and quash the same as incompetent and further direct the second respondent to grant appointment by promotion to the petitioner for the post of Lower Clerk based on the seniority list.

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For petitioner : Ms.G.Keerthana For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader - R1 Mr.R.Neethi Perumal Government Advocate - R2

ORDER

This Writ Petition has been filed to quash the impugned proceedings passed by the second respondent dated 28.07.2023 as incompetent and further direct the second respondent to grant appointment by promotion to the petitioner for the post of Lower Clerk based on the seniority list.

2. When the matter is taken up today, the learned Additional Government Pleader appearing for the first respondent submitted that as against the impugned Order, the petitioner has to file revision under section 153 of Co-operative Societies Act and the impugned Order cannot be challenged in a Writ Petition.

3. In view of the submissions of the learned Additional Government 2/4

Pleader appearing for the first respondent, this Writ Petition is dismissed with liberty to the petitioner to file a revision as per law. No costs. 14.09.2023 Index:Yes/No vrc To,

1. The Deputy Registrar, Co-operative Societies Public Distribution Scheme, Namakkal District Collector office, Namakkal District.

2. The President, SN299 Molasi Primary Agricultural Co-operative Society Ltd., Molasi - 637 210 [A.N], Thirugnegodu Taluk, Nammkkal District.

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N.SATHISH KUMAR, J.

vrc WP.No.26998 of 2023 14.09.2023 4/4