Madras High CourtWP(MD)/17520/2019disposed of

R. Baskaran v. The Deputy Registrar Of Co-Operative Societies

2019-08-08Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.17520 of 2019 and W.M.P.(MD)Nos.14007 and 14009 of 2019 R.Baskaran ... Petitioner Vs.

1.The Deputy Registrar of Co-operative Societies, Srivilliputhur, Virudhunagar District.

2.The President, Q-811, Keela Kottaiyur Primary Agricultural Co-operative Credit Society Ltd., Keela Kottaiyur, Watrap Taluk, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records of impugned order passed by the second respondent in No.Nil, dated 20.07.2019, by complying the notice of the first respondent in RC.1841/2019 Tho.Ve.Sa, dated 27.06.2019 and quash the same as illegal.

For Petitioner : Mr.L.George Paul Anto For R1 : Mr.M.Pandiarajan Additional Government Pleader For R2 : Mr.J.Gunaseelan Muthiah

ORDER

This Writ Petition is filed seeking to quash the impugned order passed by the second respondent, in No.Nil, dated 20.07.2019, by complying the notice of the first respondent, in RC.1841/2019 Tho.Ve.Sa, dated 27.06.2019.

2.Mr.M.Pandiarajan, learned Additional Government Pleader takes notice for the first respondent. Mr.J.Gunaseelan Muthiah, learned counsel takes notice for the second respondent. 3.The learned counsel appearing for the petitioner submitted that no opportunity was granted to the petitioner before passing the impugned order.

https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Government Pleader appearing for the first respondent submitted that no writ petition can be entertained against the Co-operative Society, in view of the legal principles settled by the Larger Bench of this Court in the case of K.Marappan Vs. The Deputy Registrar of Co-operative Societies and others reported in 2006 (4) LW 495 : 2006 (4) MLJ 641. 5.In view of the above, the remedy to the employees of the Cooperative Societies lies before the competent authorities under the Act itself. Under such circumstances, it is left open to the writ petitioner to approach the competent authority under the provisions of the Tamil Nadu Co-operative Societies Act, for redressal of his grievance. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Deputy Registrar of Co-operative Societies, Srivilliputhur, Virudhunagar District.

2.The President, Q-811, Keela Kottaiyur Primary Agricultural Co-operative Credit Society Ltd., Keela Kottaiyur, Watrap Taluk, Virudhunagar District.

Copy to:

The Section Officer, ER Section, Madurai Bench of Madras High Court, Madurai (To return the original impugned order to the learned counsel for the petitioner after substituting the same by a photocopy) +1 CC to Mr.L.GEORGE PAUL ANTO, Advocate ( SR-80685[F] dated 08/08/2019 ) +1 CC to M/s.SPL GP ( SR-81137[F] dated 09/08/2019 ) W.P(MD)No.17520 of 2019 08.08.2019 smn2 MK (27.08.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/