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Madras High CourtWP(MD)/18543/2015dismissed

P.Sekhar, S/O.Nallakannu v. The Joint Registrar Of

2015-10-12Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2015

CORAM:

THE HONOURABLE Mr.JUSTICE T.RAJA W.P.(MD)No.18543 of 2015 and M.P.(MD)No.1 of 2015 N.Sekhar ...

Petitioner Vs.

1.The Joint Registrar of Cooperative Societies, O/o Joint Registrar of Cooperative Societies, Kanaga Apartments, Chinna Chokkikulam, Madurai 625 002.

2.The Deputy Registrar, Cooperative Societies, Usilampatti At. Thirumangalam, Madurai District.

3.The President, M.D.Special 28, Melathirumanikkam Primary Agricultural Cooperative Credit Society, Peraiyur Taluk, Madurai District.

...

Respondents PRAYER: Petition is 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 of the 3rd respondent dated 23.09.2015 and quash the same as illegal and invalid and to direct the respondent to reappoint the petitioner in the post of Secretary of the said Society. For Petitioner : M/s.A.Hafiza For Respondents : Mr.T.R.Janarthanam, AGP

O R D E R

The Writ petition has been filed by the petitioner viz.,N.Sekhar, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the 3rd respondent dated 23.09.2015, quash the same and direct the respondent to reappoint the petitioner in the post of Secretary of the said Society.

2.This Court is not inclined to go into the merits of the case, as the maintainability of the Writ petition itself is doubtful, in the light of the Larger Bench judgment in (K.Marappan Vs. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal-636 001 and another) reported in (2006 (4) CTC 689). Hence, the Writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.

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3.However, the dismissal of the Writ petition will not prevent the petitioner from availing such remedy, as are open to him in law. sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Joint Registrar of Cooperative Societies, O/o Joint Registrar of Cooperative Societies, Kanaga Apartments, Chinna Chokkikulam, Madurai 625 002.

2.The Deputy Registrar, Cooperative Societies, Usilampatti At. Thirumangalam, Madurai District.

3.The President, M.D.Special 28, Melathirumanikkam Primary Agricultural Cooperative Credit Society, Peraiyur Taluk, Madurai District.

+1cc to The Special Government Pleader, Madurai. SR.No.60932 W.P.(MD)No.18543 of 2015 12.10.2015 nbj NS/MP/29.10.2015 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/