S.Pugalendhi, v. The Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE S.Pugalendhi ... Petitioner Vs.

1.The Registrar, Co-operative Societies, Office of the Co-operative Societies, Kilpakkam, Chennai-10.

2.The Joint Registrar of Co-operative Societies, Office of the Joint Registrar Office, Opp. Women's College, Sivagangai.

3.The Deputy Registrar, Deputy Registrar Office, Opp.Women's College, Sivagangai, Sivagangai District.

4.The Regional manager, Central Co-operative Bank, Sivagangai, Sivagangai District.

5.Mr.Govindan 1/5

6.Karnan 7.T.Vijaya 8.Mari

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to take immediate action against the respondents 5,6,7 & 8 for their illegal acts of misappropriation and maladministration of the society including removal from service pending final outcome of the criminal cases pending against respondents 5 and 6 and by considering petitioner representation dated 03.01.2019 and 13.02.2019 respectively.

For Petitioner : No appearance For R1 to R3 : Mr.P.Thilak Kumar Government Pleader For R4 : Mr.D.Shanmugaraja Sethupathi For R7 : Mr.Reeranasamy

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present writ petition is to direct the respondents 1 to 3 to take immediate action against the respondents 5,6,7 & 8 for their illegal acts of misappropriation and maladministration of the society including removal from service pending final outcome of the criminal cases pending against respondents 5 and 6 and by considering petitioner's representation dated 03.01.2019 and 13.02.2019 respectively. 2/5

2. At the out set, the relief sought for in this writ petition is against the Co-operative Society registered under the Tamil Nadu Co-operative Societies Act. No writ petition can be entertained against the Co-operative Society, in view of the legal principles settled by the Larger Bench of this Court in Marappan v. The Deputy Registrar of Co-operative Societies, Namakkal reported in 2006(4) CTC

689. However, the petitioner is at liberty to submit a complaint before the competent authority under the Tamil Nadu Co-operative Societies Act, who in turn has to initiate appropriate action by following the procedure contemplated under the Act.

3. Granting liberty to the petitioner approach the authorities under the Co-operatives Act, the present writ petition is stands disposed of. No costs. (S.M.S., J.) & (A.D.M.C., J.) 26.06.2025 NCC : Yes / No Index : Yes / No am 3/5

To 1.The Registrar, Co-operative Societies, Office of the Co-operative Societies, Kilpakkam, Chennai-10.

2.The Joint Registrar of Co-operative Societies, Office of the Joint Registrar Office, Opp. Women's College, Sivagangai.

3.The Deputy Registrar, Deputy Registrar Office, Opp.Women's College, Sivagangai, Sivagangai District.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

am 26.06.2025 5/5