Madras High CourtWP(MD)/18366/2021disposed of

Rathinam.P v. The Joint Registrar Co-Operative Societies

2022-04-05Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.18366 of 2021 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.18366 of 2021 and WMP(MD) No.15174 of 2021 P.Rathinam ... Petitioner Vs.

1.The Joint Registrar Cooperative Societies Collectorate Campus Pudukottai Post, Pudukottai.

2.The President Y.P.602 Thatchinapuram Primary Agricultural Cooperative Credit Society Venkidakulam Post, Aalangudi Taluk Pudukottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus to call for the records from the 2nd respondent pertaining the impugned order in Na.Ka.No.nil dated 24.09.2021 passed by the 2nd respondent and quash the same as illegal and violation of law and directing the 2nd respondent to reinstate the petitioner into service. For Petitioner : Mr.R.Saravanan For Respondents : Mr.M.Ramesh for R1 Government Advocate Mr.A.K.Manikkam for R2 Special Government Pleader

ORDER

The order passed by the President of the second respondent Cooperative Society is under challenge in the present writ petition. 2.The second respondent Society is a registered society under the Tamil Nadu Cooperative Societies Act and not funded by the Government and therefore, it is not a State within the meaning of Article 12 of the Constitution of India. Thus, the petitioner has to exhaust the statutory remedy contemplated under the Act by filing a revision petition under Section 153 of the Cooperative Societies Act, 1983.

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W.P.(MD)No.18366 of 2021 and

3. The principles in this regard are settled by the Larger Bench of the Madras High Court in the case of Marappan v. The Deputy Registrar of Cooperative Societies and others reported in 2006 (4) CTC 689 also.

4. In view of the facts and circumstances, the petitioner is at liberty to approach the competent authority under the Act raising all the factual and legal grounds for redressal of his grievance. With this liberty, the writ petition stands disposed of. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) RR To 1.The Joint Registrar Cooperative Societies Collectorate Campus Pudukottai Post, Pudukottai.

2.The President Y.P.602 Thatchinapuram Primary Agricultural Cooperative Credit Society Venkidakulam Post, Aalangudi Taluk Pudukottai District.

+1 CC to M/s.R. SARAVANAN, Advocate ( SR-16534[F] dated 05/04/2022 ) +1 CC to M/s.SPL.GP ( SR-16856[F] dated 06/04/2022 ) W.P.(MD)No.18366 of 2021 05.04.2022 RD(20.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2