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Madras High CourtWP(MD)/3072/2019disposed of

Sakthivel @ Palanieswaran, v. The Joint Registrar,

2022-02-08Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.3072 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.3072 of 2019 and W.M.P.(MD)No.2279 of 2019 Sakthivel @ Palanieswaran ... Petitioner -Vs1.The Joint Registrar, Agricultural Co-operative Society, Ramanathapuarm Division, Ramanathapuram.

2.The President, Primary Agricultural Co-operative Society, Melakedaram, Kadaladi, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records from the 2nd respondent impugned order dated Nil and received by the petitioner on 09.12.2018 and quash the same as illegal. For Petitioner : Mr.A.Jeyam Subramanian For R1 : Mr.P.Thilak Kumar Government Pleader assisted by Mr.M.Ramesh Government Advocate For R2 : Mr.R.Saravanan

ORDER

The order impugned is an order of suspension passed by the second respondent / President of the Melakedaram Primay Agricultural Co-operative Society. The petitioner admittedly was an employee of the second respondent Co-operative Society, which is registered under the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as 'the Act'). The second respondent society is not a State within the meaning of Article 12 of Constitution of India. This apart the petitioner being an employee of the Co-operative Society has to exhaust the statutory remedies contemplated under the Act itself. Section 153 of the Act provides revision and in the event of any grievance, the petitioner is at liberty to approach the revisional authorities in a prescribed format.

The Writ Petition is not entertainable, in view of the principles laid down by the larger bench of this Court in the case of K.Marappan Vs. The Deputy Registrar of Co-operative Societies and another reported in 2006 (4) CTC 689. Thus, the petitioner is at liberty to redress his grievance before the competent authority under the provisions of the Act.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3072 of 2019 2.Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr To The Joint Registrar, Agricultural Co-operative Society, Ramanathapuarm Division, Ramanathapuram.

+1 CC to M/s.R.SARAVANAN, Advocate ( SR-5278[F] dated 10/02/2022 ) +1 CC to M/s.SPL.GP ( SR-4983[F] dated 09/02/2022 ) W.P.(MD)No.3072 of 2019 08.02.2022 CK(CO) GC(21.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2