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Madras High CourtWP(MD)/13617/2020disposed of

T.Priyanga, v. The Joint Registrar Of Co-Operative Societies,

2022-02-23Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.13617 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.13617 of 2020 T.Priyanga ... Petitioner -Vs1. The Joint Registrar of Co-operative Societies, Madurai Region, Madurai.

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

3. M.U.8.Usilampatti Taluk Agricultural Producers Co-operative Marketing Society Ltd., Rep.by its Administrator, Usilampatti, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the third respondent dated 22.07.2020 and quash the same and consequently, direct the respondents to provide suitable employment to the petitioner on compassionate ground in accordance with law within the time stipulated by this Court. For Petitioner : Mr.P.R.Prithivi Raj For R1 and R2 : Mr.P.Thilak Kumar, Government Pleader assisted by Mr.M.Ramesh, Government Advocate For R3 : No Appearance

ORDER

The order passed by the Administrator of Usilampatti Taluk Agricultural Producers Co-operative Marketing Society, which is a Co-operative Society registered under the provisions of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as 'the Act'), is under challenge in the present Writ Petition. 2.The grievance of the writ petitioner is that her father Late.N.Thangavel was working as Salesman in the third respondent society and died on 12.11.2018, while he was in service. The application submitted by the writ petitioner for compassionate appointment was rejected by the management of the Co-operative Society.

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

W.P.(MD)No.13617 of 2020 3.The Co-operative Society, which is not funded by the Government and registered under the Act, is not a State within the meaning of Article 12 of the Constitution of India. The principles are 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. The employees of the Co-operative Society have to exhaust the statutory remedies contemplated under the Act. More specifically, Section 153 of the Act provides revision and therefore, in the event of any rejection by the management of the Co-operative Society, the petitioner has to approach the revisional authority for redressal of her grievance.

4.This being the principles, the petitioner is at liberty to approach the competent revisional authority for the purpose of redressal of her grievance and in the event of any filing such revision petition, such application is to be decided in accordance with law.

5.With this observation, this Writ Petition stands disposed of. No costs.

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

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

+1 CC to M/s.D.SADIQ RAJA, Advocate (SR-8577[F] dated 25/02/2022) +1 CC to M/s.SPL GP (SR-8301[F] dated 24/02/2022) W.P.(MD)No.13617 of 2020 23.02.2022 USK/03.03.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2