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Madras High CourtWP(MD)/1121/2015dismissed

R.Selvaraj, v. The Joint Registrar Of

2018-09-10Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 10.09.2018

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.1121 of 2015 R.Selvaraj ..Petitioner Vs 1.The Joint Registrar of Cooperative Societies, Joint Registrar Office, Pudukkottai.

2.The Deputy Registrar of Cooperaive Societies, Deputy Registrar Office, Aranthangi, Pudukkottai District.

3.The President, T.1150 Kothamangalam Primary Agricultural Cooperative Credit Society Limited, Kothamangala, Alangudi Taluk, Pudukkottai District.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned communication issued by the third respondent dated 22.11.2014 insofar as payment of gratuity, provident fund and other benefits to the Petitioner and to quash the same and consequently to direct the respondents to give the retirement benefits to the Petitioner. For Petitioner :Mr.R.Boomirajan For Respondents :Mr.S.Dhayalan 1 and 2 Government Advocate For Respondent-3 :Mr.P.Chandra Bose

ORDER

The Petitioner has come forward with this Writ Petition seeking to quash the impugned communication issued by the third respondent, dated 22.11.2014 insofar as payment of gratuity, provident fund and other benefits to the Petitioner and consequently direct the respondents to give the retirement benefits to the Petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2.Heard both sides.

3.In view of the dictum laid down in State of Assam .vs. Barak Upatyaka D.U.Karmachari Sanstha reported in 2009-IV/LLJ-279(SC) and in the case of Marappan .s. The Deputy Registrar of Cooperative Societies, Namakkal reported on 2006(4) CTC 689, Writ Petition will not lie against the Cooperative Societies and as such the Writ Petition is not maintainable. It is represented by the learned counsel for the Petitioner that the Petitioner has approached the authorities concerned under the Payment of Gratuity Act for necessary relief and the same is pending.

4.Accordingly, the Writ Petition is dismissed. This dismissal order will not preclude the Petitioner for agitating the remedy before the appropriate forum in the manner known to law. No costs. Sd/- Assistant Registrar(CRL.SIDE) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Joint Registrar of Cooperative Societies, Joint Registrar Office, Pudukkottai.

2.The Deputy Registrar of Cooperaive Societies, Deputy Registrar Office, Aranthangi, Pudukkottai District.

3.The President, T.1150 Kothamangalam Primary Agricultural Cooperative Credit Society Limited, Kothamangala, Alangudi Taluk, Pudukkottai District.

• 1 CC TO Mr.P.R.BOOMIRAJAN , ADVOCATE IN SR No.83910. • + 1 CC TO Mr.P.Chandra Bose , ADVOCATE IN SR No. 83613. +1 cc to Special Government Pleader, SR.No.84067 VSN DS RSK SAR2 20 12 2018 2P 7C W.P(MD)No.1121 of 2015 10.09.2018 https://hcservices.ecourts.gov.in/hcservices/