Orusol Pandian v. The President

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.13674 of 2019 Orusol Pandian, S/o.Ramasamy .. Petitioner Vs.

1.The President, Tamil Nadu State Transport Corporation Workers Co-operative Credit and Thrift Society Ltd., No.94/4B, Pattukottai Kalyanasundaram Street, 2.The Secretary, Tamil Nadu State Transport Corporation Workers Co-operative Credit and Thrift Society Ltd., No.94/4B, Pattukottai Kalyanasundaram Street, 3.The Managing Director, Tamil Nadu State Transport Corporation (MDU) Ltd., 4.The General Manager, Tamil Nadu State Transport Corporation (MDU) Ltd., Virudhunagar Region, Virudhunagar - 625 016.

.. Respondents Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the respondents to refund the amount of Rs.43,986/- deducted towards additional interest and fine amount to the petitioner, on the basis of the petitioner's representation dated 20.04.2019. For Petitioner : Mr.K.Gokul For Respondents : Mr.J.Senthil Kumariah

ORDER

This Writ Petition has been filed seeking a direction to the respondents to refund the amount of Rs.43,986/- deducted towards additional interest and fine amount to the petitioner, on the basis of the petitioner's representation dated 20.04.2019. 2.Mr.J.Senthil Kumariah, learned Standing Counsel takes notice for the respondents and submitted that no writ petition can be entertained against the Co-operative Society, in view of the legal principles settled by the Larger Bench of this Court in the case of K.Marappan Vs. The Deputy Registrar of Co-operative Societies and others reported in 2006 (4) LW 495 : 2006 (4) MLJ 641. 3.In view of the above, the remedy to the employees of the Cooperative Societies lies before the competent authorities under the Act itself. Under such circumstances, it is left open to the writ petitioner to approach the competent authority under the provisions of the Tamil Nadu Co-operative Societies Act, for redressal of his grievance. Accordingly, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (P&A) / True Copy / Sub Assistant Registrar(CS- ) smn2 To 1.The President, Tamil Nadu State Transport Corporation Workers Co-operative Credit and Thrift Society Ltd., No.94/4B, Pattukottai Kalyanasundaram Street, 2.The Secretary, Tamil Nadu State Transport Corporation Workers Co-operative Credit and Thrift Society Ltd., No.94/4B, Pattukottai Kalyanasundaram Street,

3.The Managing Director, Tamil Nadu State Transport Corporation (MDU) Ltd., 4.The General Manager, Tamil Nadu State Transport Corporation (MDU) Ltd., Virudhunagar Region, Virudhunagar - 625 016.

+1 CC to M/s.K.GOKUL, Advocate ( SR-69815[F] dated 19/06/2019 ) +1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-70138[F] dated 20/06/2019 ) W.P.(MD) No.13674 of 2019 19.06.2019 ES/04.07.2019/3P/7C