Madras High CourtWP(MD)/14378/2019dismissed

C.Asokan, S/O.Chelladurai v. The Joint Registrar / Common

2019-06-27Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR WP(MD).No.14378 of 2019 and WMP(MD).No.10800 of 2019 C. Asokan : Petitioner Vs.

1.The Joint Registrar / Common Cadre Chairman, of Primary Agricultural Co-op Credit Societies, Office of the Joint Registrar of Coop Societies, Collectorate Campus, Dindigul Post and District.

2.The President, DD 601 Kuttathuvarampatti Primary Agricultural co-op Credit Society, Kuttathuvarampatti Post, Dindigul Taluk and District.

: Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India for issuing a Writ of Certiorarified Mandamus calling for the records from the 2nd respondent impugned order made in No.Nil, dated 17.06.2019 and quash the same and directing the respondents to reinstate the petitioner.

For Petitioner : Mr.R. Saravanan For Respondents : Mr. Aayiram K. Selvakumar Additional Government Pleader

ORDER

This Writ Petition has been filed seeking to call for the records from the 2nd respondent impugned order No. Nil, dated 17.06.2019 and quash the same and consequently, direct the respondents to reinstate the petitioner.

2. Challenging the impugned order passed by the 2nd respondent, dated 17.06.2019, the petitioner has filed the present Writ Petition.

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3. The learned counsel appearing for the petitioner relying upon the order passed by this Court, dated 28.01.2009, made in

W.P.No.12226 of 2003 submitted that the second respondent has no jurisdiction to pass the said impugned suspension order, dated 17.06.2019.

4. The learned Additional Government Pleader appearing for the respondents submitted that the aforesaid order passed in the said Writ Petition is not applicable to the facts of the present case. He would further submit that the petitioner has remedy only before the authority concerned as per the Tamil Nadu Co-operative Societies Act and hence, this Writ Petition is not maintainable and the same is liable to be dismissed.

5. I have heard the learned counsel appearing on either side and perused the materials available on record.

6. The present Writ Petition is filed against the Cooperative Society. As per the Judgment reported in 2006(4) CTC 689 (K. Marappan Vs. Deputy Registrar, Co-operative Societies), the Writ Petition against co-operative Society is not maintainable.

7. Hence, this Writ Petition is dismissed. However, the petitioner is given liberty to approach the appropriate forum for the relief. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) To 1.The Joint Registrar / Common Cadre Chairman, of Primary Agricultural Co-op Credit Societies, Office of the Joint Registrar of Coop Societies, Collectorate Campus, Dindigul Post and District.

2.The President, DD 601 Kuttathuvarampatti Primary Agricultural co-op Credit Society, Kuttathuvarampatti Post, Dindigul Taluk and District.

+1cc to Mr.R.SARVANAN, Advocate, SR.No.71744 +1cc to M/s.Special Government Pleader,SR.No. 72208 WP(MD).No.14378 of 2019 and WMP(MD).No.10800 of 2019 27.06.2019 TRP KK/SAR/01.07.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/