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Madras High CourtWP(MD)/19774/2025disposed of

P.Narmatha v. The Joint Registrar Of Co-Operative Societies

2025-07-22Honourable Mr.Justice Vivek Kumar Singh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.15228 and 15229 of 2025 P.Narmatha ... Petitioner -vs1.The Joint Registrar of Co-operative Societies, Trichy Region, Kajamalai Government Multipurpose Campus, Trichy District - 621 020.

2.The Deputy Registrar of Co-operative Societies, Lalgudi Circle, Thiruvalluvar Nagar, Trichy District - 621 601.

3.The Co-operative Sub Registrar / Administrator, R.1220 Poovalur Primary Agricultural Co-operative Credit Society, Main Road, Poovalur Post, Lalgudi Taluk, Trichy District - 621 712.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the third respondent dated 19.05.2025 bearing R1220/1/2025 and consequential order dated 23.06.2025 bearing R1220/1/2025

and quash the same and direct the respondents to not to alter or recover a sum of Rs.14,871/- from the petitioner's salary.

For Petitioner : Mr.R.Saravanan For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader

ORDER

The petitioner has filed the present writ petition challenging the impugned order dated 19.05.2025 bearing No.R1220/1/2025 passed by the third respondent and the consequential order dated 23.06.2025 bearing No.R1220/1/2025, whereby the petitioner was de-promoted and a recovery of Rs.14,871/- was directed to be made from the petitioner's salary.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, the impugned orders were passed unilaterally, without issuing any prior notice or providing an opportunity of hearing to the petitioner, thereby, violating the principles of natural justice. The petitioner was not afforded a chance to put forth any explanation or grievance

before the adverse action was taken. It is submitted that the impugned orders are arbitrary, illegal and without jurisdiction and thus, liable to be set aside. Accordingly, the petitioner prays that the impugned orders be quashed and that the respondents be directed not to alter or recover the aforesaid amount from the petitioner's salary.

4. Mr.S.R.A.Ramachandran, learned Additional Government Pleader appearing for the respondents submits that the petitioner is having an appeal remedy before the appellate authority under Section 152 of the Tamil Nadu Cooperative Societies Act, 1983 [hereinafter referred to as ''the Act'']. However, without invoking the appeal remedy, the petitioner has straightaway approached this Court.

5. Recording the submission made by the learned Additional Government Pleader that the petitioner is having an appeal remedy before the appellate authority under Section 152 of the Act, this writ petition is disposed of, with liberty to the petitioner to approach the appellate authority and raise all the grounds raised in this writ petition in the appeal. In the event, if any appeal is

filed within a period of two weeks from the date of receipt of a copy of this order, the appellate authority shall entertain the appeal without reference to the period of limitation and dispose of the same in accordance with law, within a period of two months thereafter. In the interregnum, the recovery shall be kept in abeyance. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

NCC : Yes / No 22.07.2025 Index : Yes / No (3/3) smn2 To:- 1.The Joint Registrar of Co-operative Societies, Trichy Region, Kajamalai Government Multipurpose Campus, Trichy District - 621 020.

2.The Deputy Registrar of Co-operative Societies, Lalgudi Circle, Thiruvalluvar Nagar, Trichy District - 621 601.

3.The Co-operative Sub Registrar / Administrator, R1220 Poovalur Primary Agricultural Co-operative Credit Society, Main Road, Poovalur Post, Lalgudi Taluk, Trichy District - 621 712.

VIVEK KUMAR SINGH , J.

smn2 22.07.2025 (3/3)