Velmurugan, S/O. Malaikannu, v. The Registrar General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2018

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.19304 of 2018 Velmurugan .. Petitioner Vs.

1.The Registrar General (Societies) Chethupat, Chennai.

2.The Joint Registrar, O/o Department of Co-operative Society, Kanchirangal, 3.The Assistant Registrar, O/o.Department of Co-operative Society, (Public Distribution System) Kanchirangal, 4.The Sub-Registrar, Ilayankudi, 5.Mr.Vijaya Kumar, Secretary, Viraiyathakandan Primary Agricultural Co-operative Society, Ilayankudi, Sivagangai District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 2nd respondent to consider the petitioners representation dated 2.7.2018.

For Petitioner :

Mr.P.Muthusamy For Respondents :

Mr.S.Dhayalan Govt. Advocate for RR-1 to R-4

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus to direct the 2nd respondent to consider the petitioner's representation dated 2.7.2018.

2.The grievance of the petitioner is that though 5th respondent recovered the amount from the salary of the petitioner, he did not remit the same in the Provident Fund Office. If the grievance of the petitioner is that the fifth respondent has not deposited the amount with the Provident Fund Department, it is open to him to make a complaint with the Employees Provident Fund Organization under the Employees Provident Fund Act, 1952. The said Act is a self-contained Code and the authority is empowered under the said Act to take necessary steps to enquire into the same.

3.In view of the decision in the case of K.Marappan Vs The Deputy Registrar of Co-operative Societies and another, reported in [2006 (4) CTC 689], a writ petition as against a Co-operative Society is not maintainable.

4.Accordingly, this writ petition is dismissed with an observation that this Court is not an alternative Court or substitute to the authorities under the Employees Provident Fund Act, 1952. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS-IV) To 1.The Registrar General (Societies) Chethupat, Chennai.

2.The Joint Registrar, O/o Department of Co-operative Society, Kanchirangal, 3.The Assistant Registrar, O/o.Department of Co-operative Society, (Public Distribution System) Kanchirangal,

4.The Sub-Registrar, Ilayankudi, +1 CC To MR.P.MUTHUSAMY, Advocate SR. NO. 82609 W.P.(MD) No.19304 of 2018 06.09.2018 VS TR/SKN/SAR-I(27.10.2018)3P 6C