Madras High CourtWP(MD)/3169/2017disposed of

R.Subbaih v. The Joint Registrar Of

2017-02-23Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.3169 of 2017 R.Subbaiah ... Petitioner Vs.

1.The Joint Registrar of Cooperative Societies, Dindigul.

2.The Deputy Registrar of Cooperative Societies, Dindigul.

3.The Enquiry Officer/Co-operative Sub-Registrar, Dindigul.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus,directing the respondents to consider the representation of the Petitioner dated 7.2.2017.

For Petitioner :

M/s.M.Sheik Abudullah For Respondents :

Mr.M.Rajarajan Govt.Advocate

O R D E R

This Writ Petition has been filed, seeking a direction to the respondents to consider the representation of the Petitioner dated 7.2.2017 2.Mr.M.Rajarajan, learned Government Advocate takes notice for the respondents. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.

3.The Petitioner has made an innocuous prayer and sought for disposal of his representation dated 7.2.2017. It appears that he wants to get the relief from the proceedings initiated under Section 81 of the Cooperative Societies Act and the relief sought for by the Petitioner cannot be granted and the Petitioner has to face Section 81 proceedings only based on the findings and the result under Section 81 of the Co-operative Societies Act and the authorities can come to a conclusion about discharging the Petitioner from the Offence alleged against him. 4.It is represented by the learned counsel for the Petitioner in an identical situation, this Court disposed of the Writ Petition filed by another employee. A perusal of the said order shows that the learned Judge has not considered as to whether the Petitioner is entitled for the relief and to exonerate him from the proceedings initiated under section 81 of the Cooperative https://hcservices.ecourts.gov.in/hcservices/

Societies Act. Even otherwise, the facts and circumstances of each case has got to be dealt with independently, while dealing with the same. This Court finds no merit in this Writ Petition. 5.Accordingly, the Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar(R) /TRUE COPY/ Sub Assistant Registrar To:

1.The Joint Registrar of Cooperative Societies, Dindigul.

2.The Deputy Registrar of Cooperative Societies, Dindigul.

3.The Enquiry Officer/Co-operative Sub-Registrar, Dindigul.

+1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO:10524 vsn sva/mr/sar1/07.03.2017/2p/5c W.P.(MD) No.3169 of 2017 23.02.2017 https://hcservices.ecourts.gov.in/hcservices/