P. Subramani, v. The Joint Registrar Of Co-Operative Societies,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and CMP(MD)No.6991 of 2022 P.Subramani ... Petitioner/Appellant vs.

1.The Joint Registrar of Co-operative Societies, Collectorate, Thanthunimalai, Karur District.

2.The President, R-240, K.N.Pudur Primary Agricultural Co-operative Credit Society, N.Pudur, Nanniyoor Post, Karur District.

... Respondents/Respondents PRAYER : Writ Appeal filed under Clause 15 of Letters Patent, against the order, dated 11.02.2022, passed in W.P(MD)No.24494 of 2019.

For Appellants : Mr.I.Suthakaran For R-1 : Mr.S.Selva Ganesan, Additional Government Pleader For R-2 : Mr.M.Saravanakumar 1/4

JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.) This Writ Appeal arises out of W.P(MD)No.24494 of 2019, wherein the petitioner challenged the proceedings of the President of the Co-operative Society, dated 11.11.2019, on the ground that the President is not empowered to conduct disciplinary proceedings he being the Secretary of the Society.

2. The writ petition was dismissed by the Writ Court in view of the decision in Marappan vs. The Deputy Registrar of Co-operative Societies reported in [2006(4) CTC 689], wherein it is held that the Co-operative Society is not amenable to writ jurisdiction.

3. Aggrieved, the appellant/writ petitioner has filed this instant appeal. However pending the appeal, the Deputy Registrar of Co-operative Societies, Karur Region, has by his proceedings, dated 10.05.2022, withdrawn all the papers 2/4

relating to the proceedings against the writ petitioner and had required the Joint Registrar of Co-operative Societies, to take conduct the disciplinary proceedings. In view of this order, the prayer of the appellant stands complied. We do not see any dispute for adjudication in this writ appeal.

4. Therefore, the writ appeal is closed, directing the Joint Registrar of Co-operative Societies, Karur Region, to conduct an enquiry as per the recommendation of the Deputy Registrar of Co-operative Societies, Karur Region, dated 10.05.2022. No Costs. Consequently, connected miscellaneous petition is closed.

NCC : Yes / No [R.S.M.,J.] & [L.V.G.,J.] Index : Yes / No 13.03.2023 Internet : Yes pm To The Joint Registrar of Co-operative Societies, Collectorate, Thanthunimalai, Karur District.

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R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

pm JUDGMENT MADE IN DATED : 13.03.2023 4/4