M.Mariyammal v. The Deputy Registrar Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.15033 of 2019 and W.M.P.(MD) Nos.11558 and 11559 of 2019 M.Mariyammal

...Petitioner

Vs.

1.The Deputy Registrar of Co-operative Societies, (Dairying), Tirunelveli District, Tirunelveli.

2.O.1884 Sankaranayinar Co-operative represented by its President, 3.R.Sadhasivam 4.The Chairman, Sub Committee for Disciplinary Action,

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 21.06.2019 issued by the fourth respondent and quash the same as illegal and consequently direct the respondents to reinstate the petitioner into service with all consequential monetary and other attendant service benefits w.e.f. 01.12.2018 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.P.Suresh Kumar For R1 : Mr.M.Pandiyarajan Additional Government Pleader For R2 to R4 : Mr.Aayiram.K.Selvakumar Additional Government Pleader

ORDER

This Writ Petition has been filed to quash the impugned order, dated 21.06.2019, issued by the fourth respondent and to direct the respondents to reinstate the petitioner into service with all consequential and monetary and all other attendant service benefits w.e.f. 01.12.2018.

2.According to the learned Additional Government Pleader appearing for the respondents, the writ petition is not maintainable, as if the petitioner is having any grievance, she can approach the Revisional Authority to seek her remedy by way of filing a revision.

3.In reply, the learned counsel for the petitioner submitted that the petitioner may be given a week to file a revision before the Rivisional Authority concerned.

4.In agreed with the submission of the learned Additional Government Pleader, the writ petition is not maintainable under Article 226 of the Constitution of India, as an efficacious alternative remedy is available to the petitioner under the provisions of Tamil Nadu Co-operative Societies Act, 1961. 5.In view of the aforesaid discussions, this Writ Petition is dismissed as not maintainable. However, liberty is given to the petitioner to prefer a revision before the Revisional Authority concerned within a period of one week from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS-IV) To 1.The Deputy Registrar of Co-operative Societies, (Dairying), Tirunelveli District, Tirunelveli.

2.The President,

3.The Domestic Enquiry Officer, 4.The Chairman, Sub Committee for Disciplinary Action, +1 CC to M/s.SPL GP ( SR-73763[F] dated 05/07/2019 ) W.P.(MD) No.15033 of 2019 ES/08.07.2019/5P/6C