Anusuya M v. The Registrar Of Cooperative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.17495 of 2025 and WMP (MD) No.13355 of 2025 M.Anusuya : Petitioner Vs.

1. The Registrar of Cooperative Societies, NV Natarajan Maligai, No.170, Periyar Evr High Road, Kilpauk, Chennai - 600 010.

2. The Deputy Registrar of Cooperative Societies (Milk), Tirunelveli.

3. The Fit Person, O.1884 Sankarankoil Milk Producers Cooperative Societies, Sankarankovil, Tenkasi District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent in Na.Ka.No.1200/E2/2024 dated 30.01.2025, quash the same as illegal and consequently direct the respondent to reinstate the petitioner with all other monetary benefits to the third respondent Society. 1/5

For Petitioner : Mr.T. Veerakumar For Respondents : Mr.S.R.A.Ramachandran Special Government Pleader

O R D E R

This Writ Petition has been filed challenging the impugned order passed by the second respondent in Na.Ka.No.1200/E2/2024, dated 30.01.2025 and seeks to quash the same as illegal. Consequently, the petitioner prays for a direction to the respondents to reinstate the petitioner with all other monetary benefits in the third respondent Society.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. When the matter was taken up for hearing, the learned Special Government Pleader appearing on behalf of the respondents submitted that, although the petitioner has raised several grounds in the present Writ Petition challenging the impugned order, the petitioner has not availed the alternative statutory remedy available under the Tamil 2/5

Nadu Co-operative Societies Act, 1983. It was specifically contended that under Section 153 of the said Act, the petitioner has the right to file a revision before the competent authority, namely the Registrar of Cooperative Societies, who is vested with the powers to call for and examine the records of any proceedings under the Act and to pass appropriate orders thereon.

4. In view of the submission made by the learned Special Government Pleader and upon perusal of the materials placed on record, this Court is of the considered opinion that the petitioner has an effective and efficacious alternative remedy by way of filing a revision under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983, before the competent authority. It is well settled that when a statutory remedy is available, this Court would ordinarily refrain from exercising its extraordinary jurisdiction under Article 226 of the Constitution of India.

5. Accordingly, this Writ Petition is disposed of, granting liberty to the petitioner to file a revision petition under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983, before the appropriate authority. If such a revision is filed within a period of four weeks from 3/5

the date of receipt of a copy of this order, the competent authority shall entertain the same without reference to the limitation period and shall condone any delay in filing, if any and thereafter consider the revision on its own merits and in accordance with law, after affording due opportunity to the petitioner and pass appropriate orders as expeditiously as possible. No costs. Consequently, the connected miscellaneous petition is closed.

27.06.2025 Index : Yes / No Internet : Yes / No PKN To

1. The Registrar of Cooperative Societies, NV Natarajan Maligai, No.170, Periyar Evr High Road, Kilpauk, Chennai - 600 010.

2. The Deputy Registrar of Cooperative Societies (Milk), Tirunelveli.

3. The Fit Person, O.1884 Sankarankoil Milk Producers Cooperative Societies, Sankarankovil, Tenkasi District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.17495 of 2025 27.06.2025 5/5