Madras High CourtWP(MD)/13721/2020disposed of

Bhavani v. The Registrar Of Co-Operative Societies,

2022-02-23Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Bhavani ... Petitioner -Vs1.The Registrar of Co-operative Societies, No.170, N.V.Natarajan Maaligai, Periyar EVR High Road, Kilpauk, Chennai-10.

2.The Joint Registrar of Co-operative Societies, Chinnachockikulam, Madurai-625 002.

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

4.The Sub-Registrar of Co-operative Societies, Usilampatti, Madurai District.

5.The President, A2487 Thottapanayakanur Primary Agriculture Credit Co-operative Society, Thottapanayakanur Post, Usilampatti Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent herein to provide employment to the petitioner under compassionate grounds.

For Petitioner : Mr.M.Jothi Basu For R1 to R4 : Mr.P.Thilak Kumar, Government Pleader assisted by Mr.M.Ramesh, Government Advocate For R5 : No Appearance

ORDER

This Writ Petition has been filed to direct the third respondent to provide employment to the writ petitioner on compassionate ground.

2.The third respondent / the Deputy Registrar is not an appointing authority. As far as the Co-operative Society is concerned, the Management of the Co-operative Society has to 1/3

consider the case of the writ petitioner for compassionate appointment, if the petitioner is otherwise eligible in accordance with the scheme. Therefore, no directions can be issued against the Joint Registrar or the Deputy Registrar, who are all controlling authorities under the provisions of the Tamil Nadu Co-operative Societies Act, 1983 and the appointing authority is the Management of Co-operative Society, which is not a State within the meaning of Article 12 of the Constitution of India. Thus, in the event of any rejection by the Management of the Society, the petitioner has to approach the competent authority and till now no order has been passed on the representation of the petitioner. 3.It is stated by the learned Government Pleader appearing for the respondents 1 to 4 that the second respondent has recommended the case of the petitioner. If so, it is for the Management of the Society to take a decision on merits and in accordance with law.

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

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr To 1.The Registrar of Co-operative Societies, No.170, N.V.Natarajan Maaligai, Periyar EVR High Road, Kilpauk, Chennai-10.

2.The Joint Registrar of Co-operative Societies, Chinnachockikulam, Madurai-625 002.

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

4.The Sub-Registrar of Co-operative Societies, Usilampatti, Madurai District.

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-8277[F] dated 24/02/2022 ) 2/3

+1 CC to M/s.SPL GP ( SR-8299[F] dated 24/02/2022 ) 23.02.2022 CK(CO) KB(07.03.2022) 3P 7C 3/3