Madras High CourtWP(MD)/4506/2018disposed of

A.Manivel v. The Joint Registrar

2023-02-08Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.4506 of 2018 and WMP(MD) Nos.4612 and 4613 of 2018 A.Manivel ... Petitioner -vs1.The Joint Registrar of Cooperative Societies, Trichirappalli Region, Trichy.

2.The Joint Registrar/Managing Director, Trichirappalli Central Cooperative Bank Ltd., Trichy District ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in proceedings No.3119/2003 (rp1) v.10 dated 14.09.2016 which confirmed by the 1st respondent in proceedings e.f.7471/2016/rg dated 15.11.2017 and quash the same as illegal and arbitrary, illegal and unconstitutional, consequently direct the 2nd respondent to grant all service and other attendant benefits forthwith to the petitioner.

For Petitioner :

Mr.S.Balamurugan For Respondents :

Mr.A.Sivanu Pandian for R1 Government Advocate Mr.D.Shanmuga Raja Sethupathi for R2

O R D E R

Challenging the proceedings of the 2nd respondent dated 14.09.2016, which was confirmed by the 1st respondent dated 15.11.2017 and for a direction to the 2nd respondent to grant all service and other attendant benefits forthwith to the petitioner, this writ petition has been filed.

2. The learned counsel for the petitioner would submit that the petitioner has challenged the punishment imposed by the 2nd respondent by exercising the power under Section 153 of the Cooperative Societies Act. However, he would submit that as against the said revision, there is an efficacious and alternative remedy available by way of review under Section 154 of the said Act and accordingly, he prays for appropriate direction.

3. Heard the learned Government Advocate for the first respondent and the learned counsel for the 2nd respondent and perused the materials available on record.

4. In view of the above, this writ petition is disposed of by giving liberty to the petitioner to file a review before the appropriate authority under Section 154 of the Cooperative Societies Act, 1983. No costs. Consequently connected Miscellaneous Petitions are closed. 08.02.2023 NCC : Yes/No Index : Yes/No RR To 1.The Joint Registrar of Cooperative Societies, Trichirappalli Region, Trichy.

2.The Joint Registrar/Managing Director, Trichirappalli Central Cooperative Bank Ltd., Trichy District

M.DHANDAPANI, J.

RR W.P.(MD) No.4506 of 2018 08.02.2023