J.Aruna, W/O.Jebakumar, v. The Registrar Of Co-Operative

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.19144 of 2017 and W.M.P.(MD)Nos.15535 & 15536 of 2017 J.Aruna, ... Petitioner Vs.

1. The Registrar of Co-operative Societies O/o. the Registrar of Co-operative Societies, N.V.Natarajan Maaligai, 170, Periyar EVR Highway, Kilpauk, Chennai- 600 010.

2. The Managing Director, Ramanathapuram District Central Co-operative Bank, Vandikkara Street, Ramanathapuram District.

3. The Manager, Ramanathapuram District Central Co-operative Bank, Salaykudi Branch, Ramamathapuram District.

4. The Manager, Ramanathapuram District Central Co-operative Bank, Kamuthi Branch, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the Impugned Order of suspension in Na.Ka.003329/2017 E1 dated 21.08.2017 on the file of the respondent No.2 and quash the same as illegal and consequently direct the respondent to reinstate the petitioner with the respondent No.3's bank with all consequential benefits within the time stipulated by this Court.

For Petitioners : Mr.T.Lajapathi Roy For R-1 : Mr.S.Sades Kumar Additional Government Pleader, For R-2 to R-4 : Mr. D.Shanmugaraja Sethupathi

O R D E R

This Writ Petition has been filed for issuance a Writ of Certiorarified Mandamus, to call for the records of the impugned order of suspension passed in Na.Ka.003329/2017 E1 dated 21.08.2017 by the 2nd respondent and quash the same as illegal and consequently direct the respondent to reinstate the petitioner with the 3rd respondent Bank with all consequential benefits within the time stipulated by this Court.

2.Heard, Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner, Mr.S.Sadesh Kumar, learned Additional Government Pleader appearing for the first respondent and Mr. D.Shanmugaraja Sethupathi, learned counsel appearing for the second to fourth respondents.

3.The petitioner has challenged the order of suspension passed in Na.Ka.003329/2017 E1 on 21.08.2017 by the second respondent in this Writ Petition. When the learned counsel for the petitioner was questioned as to how the writ petition is maintainable, in the light of the Full Division Bench of this Court in the case of K.Marappan Vs.Deputy Registrar, Co-operative Societies, in [2006(4) CTC 689], the learned counsel for the petitioner sought to withdraw the Writ petition, with liberty to resort to other available legal remedies. 4.The learned counsel for the respondents 2 to 4 submits that in view of the dictum of the Hon'ble Supreme Court of India, in the case of Ajay Kumar Choudhary Vs. Union of India Through its Secretary and another reported in 2015 (7) SCC 291, in paragraph No.21, as well as the statutory provisions governing the time period

of suspension in co-operative societies, the second respondent would revise the suspension order of the petitioner at the end of 90 days from the date of passing the impugned order ie., 21.08.2017. 5.Recording the said submission of the learned counsel for the respondents 2 to 4, this writ petition is dismissed as withdrawn with the liberty to the petitioner to resort to other available leagal remedies. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (P & A) /True Copy/ Sub Assistant Registrar To The Registrar of Co-operative Societies O/o. the Registrar of Co-operative Societies, N.V.Natarajan Maaligai, 170, Periyar EVR Highway, Kilpauk, Chennai- 600 010.

+1cc to M/S.T.LAJAPATHI ROY, Advocate SR.No.84352. +1cc to Special Government Pleader in SR.No.84841. W.P.(MD)No.19144 of 2017 30.10.2017 smi/tm SDS/KK/SAR 3/14.11.2017/3P/4C