S.Renganathan v. The Registrar Of Cooperative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 03.01.2022 Coram:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.27584 of 2021 S.Renganathan, S/o Sivayogam .. Petitioner Vs.

1. The Registrar of Co-operative Societies, Kilpauk, Chennai-600 010.

2. Renugambal, Managing Director, Vellore Co-operative Wholesale Store, Vellore, Vellore District.

3. M.Manokar, S/o Muthukaruppan .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to conduct elaborate enquiry by appointing not below rank of the Additional Registrar of Co-operative Societies, as Enquiry Officer, on the basis of the petitioner's written representation dated 05.10.2018 and take appropriate action against the second and third respondents. For petitioner : Mr.C.Prakasam For respondents: Mr.U.Baranidaran, Addl.G.P. for R-1

ORDER

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the first respondent to conduct elaborate enquiry by appointing not below rank of the Additional Registrar of Co-operative Societies, as Enquiry Officer, on the basis of the petitioner's written representation dated 05.10.2018 and take appropriate action against the second and third respondents.

2. The case of the petitioner is that he is working as Secretary in the Nandhimangalam Primary Agricultural Co-

operative Credit Society.

According to him, the third respondent approached the petitioner and informed him that he would arrange to get a suitable job for the petitioner's daughter if some amounts were paid to him. He had paid Rs.4 lakhs to the third respondent in the year 2014. At that time, the third respondent was working as Co-operative Sub-Registrar. After payment of Rs.4 lakhs, appointment order dated 15.09.2014 was handed over to the petitioner, stating that she was appointed as Direct Counter Sales - Ticket, in Metro Rail.

3. When the petitioner's daughter reported for duty, it was found that the appointment order was a fabricated and forged document and there was no such appointment order issued. According to the petitioner, the third respondent, along with few other officials, colluded and cheated several persons and therefore, a request was made in his representation to take action against him. As no action is forthcoming, the petitioner has filed this Writ Petition for the relief stated supra.

4. From the above factual narrative, it could be seen that it is entirely a civil and criminal dispute between the petitioner and the third respondent and the same ought to be sorted out elsewhere and not before this Court under Article 226 of the Constitution of India.

5. The case of the petitioner that he was cheated by the third respondent as early as in 2014, but nothing has been stated in the affidavit filed in support of the Writ Petition as to what had happened thereafter and why the petitioner has not initiated action earlier against the third respondent before the competent and proper authority. In any event, the Constitutional Jurisdiction of this Court cannot be invoked for settling private dispute and on personal scores as between the petitioner and the third respondent. The Writ Petition is entirely misconceived and cannot be entertained.

6. For the reasons stated above, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar cs

To The Registrar of Co-operative Societies, Kilpauk, Chennai-600 010.

+1cc to Government Pleader SR.No.657 W.P.No.27584 of 2021 GJ(CO) GMY(21/01/2022)