Micheal Coranation, v. The Registrar Of Co-Op.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD).No. 1227 of 2019 and W.M.P.(MD) Nos. 1043 & 1044 of 2019 Micheal Coranation : Petitioner Vs.
1. The Registrar of Co-operative Societies, No.170, E.V.R Periyar High Road,, Kilpauk, Chennai - 10.
2. The Joint Registrar of Co-operative Societies, Tirunelveli Region, Near Head Post Office, Palayamkottai - 627 002.
3. The Deputy Registrar of Co-operative Societies, Railway Feeder Road, Cheranmahadevi Post - 627414, Tirunelveli District.
4. The President, EEE 446, Kadakulam Primary Agricultural Co-operative Credit Society, Kadakulam, Nanguneri Taluk, Tirunelveli District.
: Respondents PRAYER : This Writ Petition is filed under Article 226 of the Constitution of India for issuing a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned suspension order made by the fourth respondent by her proceedings, dated, 12.12.2018 and quash the same.
For Petitioner : Mr.S.R. Anbarasu For Respondents-1 to 3 : Mr.Aayiram K. Selvakumar Additional Government Pleader For Respondent-4 : Mr.K.R. Laxman
ORDER
This Writ Petition has been filed to quash the impugned suspension order dated, 12.12.2018 passed by the fourth respondent.
2. The learned counsel appearing for the petitioner would submit that the petitioner was serving as Secretary of the fourth respondent society without any adverse remarks. He would further submit that on 05.12.2018 the six board directors have decided to remove the fourth respondent from the post of president and she is
under the impression that the petitioner is instrumental for the above development against the fourth respondent and hence, a criminal case has been filed in Crime No.184 of 2018 for the offences under Section 509, 505(2), 504, 501, 500 of I.P.C. and Section 4 of Prohibition of Harassment of Women Act and Section 667 of Information Technology (Amendment) Act, 2008 by one Paramasivam, who is the supporter of the fourth respondent. He would further submit that, on the basis of petitioner's arrest, the impugned suspension order, dated 12.12.2018 was passed by the fourth respondent.
3. According to the petitioner, the said impugned order suffers from violation of principles of natural justice besides arbitrariness and vagueness and non application of mind. Challenging the aforesaid impugned order the instant writ petition is filed by the petitioner to quash the suspension order, dated 12.12.2018 passed by the fourth respondent.
4. It is submitted by the learned Additional Government Pleader that, in the light of the Judgment reported in 2006(4) CTC 689, K.Marappan Vs. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal - 636 001 and another, the instant writ petition is not maintainable and in the light of the above said Judgment, the petitioner can approach the concerned authority to seek his remedy. It is further submitted that the petitioner has got benefit of interim order pending this writ petition.
5. In view of the aforesaid submission, this Court directs the petitioner to approach the concerned authorities, within a period of two week from the date of receipt of copy of this order. The interim order already granted by this Court is extended till such time.
5. This Writ Petition is dismissed with the above directions. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To
1. The Registrar of Co-operative Societies, No.170, E.V.R Periyar High Road,, Kilpauk, Chennai - 10.
2. The Joint Registrar of Co-operative Societies, Tirunelveli Region, Near Head Post Office, Palayamkottai - 627 002.
3. The Deputy Registrar of Co-operative Societies, Railway Feeder Road, Cheranmahadevi Post - 627414, Tirunelveli District.
+1 CC to Mr.S.R.ANBARASU, Advocate ( SR-77153[F] dated 24/07/2019 ) +1 CC to SPL GP ( SR-77252[F] dated 24/07/2019 ) WP(MD).No.1227 of 2019 23.07.2019 ksa MK (08.08.2019) 3P 6C