Soundararajan .G v. The Registrar Of Co-Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.12417, 12420 & 19591 of 2023 G.Soundararajan ... Petitioner Vs.

1.The Registrar of Co-operative Societies, Office of the Registrar of Co-operative Societies, 170, E.V.R. Salai, Keelpakam, Chennai-10.

2.Joint Registrar of Co-operative Societies / Common Cadre Authority, Virudhunagar Region, Collector Office Complex, Virudhunagar.

3.Sp.Spl.33, Athikulam Primary Agricultural Co-operative Credit Society, Represented by its Administrator, Athikulam Post, Srivilliputhur Taluk, Virudhunagar District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, call for the records pertaining to the order, dated 28.04.2023, in Na.Ka.1453/22/ThoVeeSa, issued by the second respondent and quash the same.

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For Petitioner : Mr.T.Ravichandran For Respondents : Mr.T.Villavan Kothai Additional Government Pleader

ORDER

The present writ petition has been filed by a Secretary of the third respondent Co-operative Credit Society challenging an order of suspension, dated 28.04.2023.

2. A perusal of the impugned order of suspension indicates that the suspension has been imposed for a period of three months, thereby clearly indicating that it has been inflicted upon the writ petitioner in lieu of punishment. Without conducting any enquiry, such an order cannot be passed.

3. In view of the above said facts, the order impugned in the writ petition is set aside and this writ petition stands allowed. However, the respondent authorities are at liberty to proceed further in the departmental proceedings in 2/4

accordance with law. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed. 06.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Registrar of Co-operative Societies, Office of the Registrar of Co-operative Societies, 170, E.V.R. Salai, Keelpakam, Chennai-10.

2.Joint Registrar of Co-operative Societies / Common Cadre Authority, Virudhunagar Region, Collector Office Complex, Virudhunagar.

3.The Administrator, Sp.Spl.33, Athikulam Primary Agricultural Co-operative Credit Society, Athikulam Post, Srivilliputhur Taluk, Virudhunagar District.

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R.VIJAYAKUMAR, J.

BTR 06.11.2023 4/4