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Madras High CourtWP/33095/2025disposed of

P.Sivakumar v. Thejoint Registrar Of Cooperative Societies

2025-09-03Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-09-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA AND WMP NO. 37168 OF 2025

1. P.Sivakumar S/o. Pandu Rangan, No. 81 Indira Nagar, Periyakalla Padi Village, Thachampattu Post, Tiruvannamalai, Taluk And District 608 811 Petitioner(s) Vs

1. Thejoint Registrar Of Cooperative Societies Thiruvannamalai Region, Thiruvannamalai, Thiruvannamalai District-606 604.

2.The Administrator/cooperative Sub Registrar Cooperative Thrift And Credit Society Ltd., Tiruvannamalai. 606 601.

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3.The Domestic Enquiry Officer/csr(retd.), Cooperative Thrift Credit Society Ltd., Tiruvannamalai. 606 601.

Respondent(s) Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorari calling for the entire records relating to the impugned charge memo issued by the 2 nd respondent in his proceedings No.Na.Ka.No.1/2025-2026 dated 17.04.2025.

For Petitioner :

Mr.C.Prakasam For Respondent:

Mr.E.P.SEnniyangiri, GA for R1 Mr.G.Ameedius, GA for RR 2&3

ORDER

Mr.E.P.Senniyangiri, learned Government Advocate accepts notice on behalf of the 1 st respondent. Mr.G.Ameedius, learned Government Advocate acepts notice on behalf of the respondents 2 and 3. With the consent of both the learned counsels, the writ petition is taken up for final disposal at the admission stage itself.

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2.The writ petition is for a writ of certiorari to quash the impugned charge memo issued by the 2 nd respondent dated 17.04.2025.

3.The learned Government Advocate appearing for the 1 st respondent would submit that the impugned order under challenge is only a charge memo and the petitioner is bound to submit a reply to the same. Learned Government Advocate would further submit that in stead of submitting a reply to the charge memo, the petitioner has straight away approached this Court seeking for quashing of the same. Learned Government Advocate would submit that if the petitioner is aggrieved against the impugned order, he has to file an appeal as provided under Section 152 of the Tamil Nadu Cooperative Societies Act, and if a reply is given to the Charge Memo, it will be considered and due orders will be passed within a specified time.

4.Heard both sides and perused the materials placed on record. 5.At the outset, this Court finds that the order under challenge is an appealable order and hence, the petitioner is directed to file an appeal against the order within a period of two weeks from the date of receipt of a copy of this order and the respondents shall consider and pass orders on the appeal within a 3/6

period of six months from the date of receipt of the appeal. However, it is made clear that till the disposal of the appeal by the respondents, no recovery shall be made from the petitioner.

6.The writ petition stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed. 03-09-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6

To 1.Thejoint Registrar Of Cooperative Societies Thiruvannamalai Region, Thiruvannamalai, Thiruvannamalai District-606 604.

2.The Administrator/cooperative Sub Registrar Cooperative Thrift And Credit Society Ltd., Tiruvannamalai. 606 601.

3.The Domestic Enquiry Officer/csr(retd.), Cooperative Thrift Credit Society Ltd., Tiruvannamalai. 606 601.

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A.D.JAGADISH CHANDIRA J.

AP 03-09-2025 6/6