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Madras High CourtWP/19063/2017disposed of

C.Velayudham, v. The Joint Registrar Of Coop.

2025-09-01Honourable Mr.Justice K. Surender4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01/09/2025 C O R A M THE HONOURABLE Mr.JUSTICE K.SURENDER a n d W.M.P.No.20582 of 2017 C. Velayudham ...

Petitioner Vs

1. The Joint Registrar of Co-op Societies Villupuram Region, Villupuram Villupuram District.

2. The President Kallalipattu Primary Agricultural Coop Credit Society Kallalipattu, Thalavanur Post Gingee Taluk Villlupuram District.

...

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records relating to the impugned order passed by the first respondent in his proceedings in Na.Ka.No.2816/2015/Sa.Pa. Dated 28/10/2015 and quash the same and consequently directing the respondents to reinstate the petitioner into service along with backwages, attendant benefits and other monetary benefits to the petitioner.

For petitioner ...

Mr.C.Prakasam For respondents ...

Mr.E.P.Senniyangiri Government Advocate for R.1 Mr.L.P.Shanmugasundaram for R.2.

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O R D E R

This writ petition has been filed seeking to quash the order dated 28.10.2015 passed by the first respondent in his proceedings in Na.Ka.No.2816/2015/Sa.Pa and consequently direct the respondents to reinstate the petitioner into service along with back wages, attendant benefits and all other consequential monetary benefits.

2. The brief facts of the case are that the petitioner, C. Velayudham, was appointed as a Salesman in the second respondent Cooperative Society on 25.11.1987 and he was subsequently promoted as Fertilizer Salesman on 01.04.1996, Clerk on 01.09.2011 and Senior Clerk on 01.09.2011. While serving in the said capacity, an enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act was initiated against him for alleged irregularities during the period from 01.04.2012 to 31.08.2013, relating to jewel loan transactions. Based on the enquiry report, disciplinary proceedings were initiated, he was suspended and a charge memo was issued. The petitioner has submitted his explanation and the same was not accepted. The second respondent terminated petitioner's service on 04.04.2015. Aggrieved by the same, the petitioner has filed a Revision under Section 153 of the Tamil Nadu Cooperative Societies Act and the same was also rejected. Therefore, the petitioner has filed the present Writ Petition questioning the impugned order dated 28.10.2015 passed by the first respondent. Page No:2/4

3. The learned counsel appearing for the respondent/Cooperative Department would submit that the petitioner had also approached the Government by filing a Revision Petition dated 11.04.2016 under Section 153 of the Tamil Nadu Cooperative Societies Act 1983 and the said Revision Petition was duly considered by the Government and rejected the same, vide G.O.(2D).No20, Cooperation, Food and Consumer Protection Department (CN 2) dated 11.04.2017, on the ground that there was no new ground for consideration. It is further submitted that the aforesaid fact has not been disclosed by the petitioner in the present Writ Petition.

4. In view of the above, the Writ Petition is disposed of. It is open to the petitioner to challenge the order passed in G.O.(2D).No20, Cooperation, Food and Consumer Protection Department (CN 2) dated 11.04.2017, in the manner known to law, if so advised. No costs. Consequently, connected miscellaneous Petition stands closed.

K.SURENDER, J.

01.09.2025 jai.

Page No:3/4

K.SURENDER, J.

jai To

1. The Joint Registrar of Co-op Societies Villupuram Region, Villupuram Villupuram District.

2. The President Kallalipattu Primary Agricultural Coop Credit Society Kallalipattu, Thalavanur Post Gingee Taluk Villlupuram District.

W.P.No.19063 of 2017 01.09.2025 Page No:4/4