Madras High CourtWP(MD)/16452/2019dismissed

G.Lal Bahadur Murugan v. The Deputy Registrar Of Cooperative Societies

2019-07-24Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.16452 of 2019 and W.M.P.(MD) Nos.13125 to 13127 of 2019 G.Lal Bahadur Murugan

...Petitioner

Vs.

1.Deputy Registrar of Co-operative Societies, O/o.Deputy Registrar of Co-operative Societies, K.T.M.Kasim Centre, 2.The Co-operative Sub Registrar/Superintendent I, Tamilnadu Co-operative Societies Sub Registrar Office, under Section 81 Enquiry Officer, K.T.M.Kasim Centre, 2nd Floor, Salai Street, 3.The President, the RR 1397 Schuatz High Secondary School, Employees Co-operative Thrift and Credit Society, represented by its President, Ramanathapuram,

...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 second suspension passed by the third respondent dated 21.03.2018, quash the same and consequently directed the 3rd respondent to reinstate the petitioner as Secretary in RR-1397, Schwatz Higher Secondary School, Employees Cooperative Thrift and Credit Society.

For Petitioner : Mr.M.Subash Babu For Respondents : Mr.M.Pandiarajan Additional Government Pleader

ORDER

This Writ Petition has been filed to quash the order of second suspension dated 21.03.2018 passed by the third respondent and to direct the respondents to reinstate the petitioner as Secretary in the third respondent society.

2.When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondents would submit that in the light of the decision rendered by this Court in the case of Marappan Vs. Deputy Registrar of Co-operative Society, Namakkal reported in 2006 (4) CTC 689, this writ petition is not maintainable. However, if the petitioner makes a representation to seek his remedy before the first respondent, the same will be considered within a time frame to be fixed by this Court. 3.

In view of the submission made by the learned Additional Government Pleader appearing for the respondents, this Writ Petition is dismissed as not maintainable with a liberty to the petitioner to submit a representation before the first respondent, within a period of one week from the date of receipt of a copy of this order and on receipt of such representation, the first respondent is directed to pass appropriate orders on merits and in accordance with law, within a period of four weeks thereafter. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar() // True Copy // Sub Assistant Registrar(CS) mm To 1.Deputy Registrar of Co-operative Societies, O/o.Deputy Registrar of Co-operative Societies, K.T.M.Kasim Centre, 2.

The Co-operative Sub Registrar/Superintendent I, Tamilnadu Co-operative Societies Sub Registrar Office, under Section 81 Enquiry Officer, K.T.M.

3.The President, the RR 1397 Schuatz High Secondary School, Employees Co-operative Thrift and Credit Society, represented by its President, Ramanathapuram, +1CC TO MR.SUBASH BABU, Advocate Sr. No. 77469 W.P.(MD) No.16452 of 2019 24.07.2019 SCR(CO) TR (25.07.2019) 3P 5C