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Madras High CourtWP(MD)/4310/2022dismissed

Ilayaraja v. The Registrar Of Cooperative Societies

2022-03-11Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.4310 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.4310 of 2022 Ilayaraja ... Petitioner Vs.

1.The Registrar of Cooperative Societies, No.170 N.V.Nadarajan Maligai Periyar, EVR High Road Poonthamalli High Road, Keelpak, Chennai 10 2.The Deputy Registrar / Managing Director D.D.487 Dindigul District Consumer Cooperative Society, Wholesale Warehouse Ltd., Head Office, Pandian Nagar Trichy Road - Kiddangi -2 /1454 Kottapatti Road Dindigul 624 007 3.The Regional Manager, Tamil Nadu Civil Supply Corporation Dindigul Region,Dindigul ... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents herein to allow the petitioner to continue the service as a movement clerk in the 2nd respondent Cooperative Society in the light of the petitioner's representation dated 07.03.2022 within a stipulated time fixed by this Court.

For Petitioner : Mr.S.Sundarapandian For Respondents : Mr.M.Ramesh for R1 and R2 Government Advocate Mr.G.Mohankumar for R3

ORDER

The relief sought for in the present writ petition is to direct the respondents to allow the petitioner to continue his service as Movement clerk in the second respondent Cooperative Society. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4310 of 2022

2. The second respondent Cooperative Society is registered under the Tamil Nadu Cooperative Societies Act, 1983 and not funded by the Government. Thus, the second respondent is not a State within the meaning of Article 12 of the Constitution of India.

3. In these circumstances, the petitioner has to exhaust the statutory remedies contemplated under the provisions of the Tamil Nadu Cooperative Societies Act, 1983 and thereafter he has to approach the Court of law. More specifically, Section 153 of the said Act provides representation before the competent authority and in respect of the service related grievances, a revision would lie and accordingly, the petitioner has to approach the competent authority under the provisions of the Act for redressal of the grievances in the prescribed format by paying necessary fee.

4. In the event of filing a revision, the authority competent can decide the same on merits and in accordance with law by affording an opportunity to all the parties and pass orders as expeditiously as possible.

5. With this liberty, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Registrar of Cooperative Societies, No.170 N.V.Nadarajan Maligai, Periyar, EVR High Road Poonthamalli High Road,Keelpak, Chennai 10.

2.The Deputy Registrar / Managing Director D.D.487 Dindigul District Consumer Cooperative Society, Wholesale Warehouse Ltd., Head Office, Pandian Nagar, Trichy Road - Kiddangi, -2 /1454 Kottapatti Road,Dindigul 624 007.

3.The Regional Manager, Tamil Nadu Civil Supply Corporation, Dindigul Region,Dindigul. +1 CC to M/s.G.MOHANKUMAR, Advocate ( SR-11655[F] dated 11/03/2022 ) +1 CC to M/s.SPL GP ( SR-11868[F] dated 14/03/2022 ) W.P.(MD)No.4310 of 2022 11.03.2022 RR MS/23.03.2022/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2