Madras High CourtWP(MD)/21880/2019disposed of

R.Sarangapani v. The Chairman

2022-03-09Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.21880 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.21880 of 2019 R.Sarangapani ... Petitioner -vs1.The Chairman, Tamilnadu Industrial Co-operative Bank, Raja Annamalaipuram, Chennai-28.

2.The Chairperson of Appeal Committee, Appellate Authority, Tamilnadu Industrial Co-operative Bank, Raja Annamalaipuram, Chennai-28.

3.The Additional Director / Managing Director, Tamilnadu Industrial Co-operative Bank, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. 4.The Manager, Tamilnadu Industrial Co-operative Bank, No.868 , Main Road, 1st Floor, Diamond Building, Kovilpatti-628 501.

... 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 impugned order in No.Esst/TAICO Bank/Appeal/2015-16 dated 19.07.2016 on the file of the 2nd respondent and the consequential impugned memo in Na.Ka.No.Pa.A./Va.Oo/Kovilpatti/Nagaikadan 2019-20 dated 01.08.2019 on the file of the 2nd respondent and quash the same and further directing the 2nd respondent to dispose off the petitioner's appeal in Appeal No.2/2015-16 on merits within the time stipulated by this Court.

For Petitioner : Mr.K.Prabhu For RR1 & 2 : Mr.M.Ramesh, Government Advocate For RR3 & 4 : Mr.T.Lajapathi Roy

O R D E R

The orders of the 2nd respondent are under challenge in the present writ petition.

2.In view of the fact that the respondent-Cooperative Bank is a Society registered under the provisions of the Tamil Nadu Cooperative Societies Act, this Court is of the considered opinion https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.21880 of 2019 that writ is not maintainable and the petitioner has to exhaust the alternate remedy of revision contemplated under Section 153 of the Tamil Nadu Co-operative Societies Act.

3.The learned counsel appearing for the petitioner made a submission that the petitioner has already preferred a revision petition under Section 153 of the Act before the Registrar on 22.02.2022.

4.In view of the fact that the revision has been filed very recently, the Registrar, may consider the revision petition on merits and in accordance with law and pass appropriate orders as expeditiously as possible.

5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) To The Registrar of Co-operative Societies, EVR Periyar High Road, Kilpauk, Chennai-10.

+1 CC to M/s.K.PRABHU, Advocate ( SR-10876[F] dated 09/03/2022 ) +1 CC to M/s.T.LAJAPATHI ROY,Advocate (SR-11135[F] dated 10/03/2022) +1 CC to M/s.SPL GP ( SR-11186[F] dated 10/03/2022 ) W.P.(MD) No.21880 of 2019 09.03.2022 RS(21.03.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2