Madras High CourtWP(MD)/2001/2019dismissed

G.Sanjeevi Raja, v. The Joint Registrar Of Co

2022-02-10Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.2001 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.2001 of 2019 and WMP(MD)No.1626 of 2019 G.Sanjeevi Raja ... Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Madurai Region, Madurai.

2.The Deputy Registrar of Co-operative Societies, Usilampatti Circle, Thirumangalam, Madurai District.

3.The President, M.D(Spl).45, T.Ramanathapuram Primary Agricultural Co-operative Credit Society, T.Ramanathapuram, Peraiyur Taluk, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, to call for the records relating to the impugned order dated 14.01.2019 passed by the 3rd respondent and quash the same.

For Petitioner :Mr.D.Shanmugaraja Sethupathi For R1 & R2 :Mr.P.Tilak Kumar, Government Pleader Assisted by Mr.M.Ramesh, Government Advocate https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.2001 of 2019

O R D E R

The impugned order of recovery passed by the 3rd respondent in proceedings dated 14.01.2019, is under challenge in the present Writ Petition.

2. The impugned order of recovery has been issued by the 3rd respondent Co-operative Society. The 3rd respondent Co-operative Society is registered under the provisions of Tamil Nadu Cooperative Societies Act and thus not a State within the meaning of Article 12 of the Constitution of India. The petitioner has to exhaust the statutory remedies contemplated under the provisions of the Act.

3. The principles in this regard are settled by the Larger Bench of the High Court of Madras in the case of Marappan Vs. The Deputy Registrar of Co-operative Societies reported in (2006 (4) CTC 689). Thus, the petitioner is at liberty to approach the competent authority under the provisions of the Tamil Nadu Co-operative Societies Act for the purpose of redressal of his grievance.

4. Accordingly, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK To 1.The Joint Registrar of Co-operative Societies, Madurai Region, Madurai.

2.The Deputy Registrar of Co-operative Societies, Usilampatti Circle, Thirumangalam, Madurai District.

+1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-5566[F] dated 11/02/2022 ) +1 CC to M/s.SPL.GP ( SR-5697[F] dated 11/02/2022 ) W.P.(MD)No.2001 of 2019 10.02.2022 RK(24/02/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2