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Madras High CourtWA(MD)/1463/2024dismissed

K.Muthumari v. The Joint Registrar Cooperative Societies

2025-08-14Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice G.Arul Murugan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P(MD)Nos.11419 & 11421 of 2024 K.Muthumari ... Appellant vs.

1.The Joint Registrar, Co-operative Societies, Ramanathapuram, Ramanathapuram District.

2.The Deputy Registrar, Co-operative Societies, Paramakudi Circle, Ramanathapuram District.

3.The Sub Registrar / Special Officer, Q 1208 T.M.Kottai Primary Agricultural Co-operative Credit Society, T.M.Kottai, T.M.Kottai Post, Kadaladi Taluk, Ramanathapuram District.

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4.The President / Secretary, Q 1208 T.M.Kottai Primary Agricultural Co-operative Credit Society, T.M.Kottai, T.M.Kottai Post, Kadaladi Taluk, Ramanathapuram District.

5.Siva Manikandan 6.The Registrar of Co-operative Societies, Chepauk, Chennai.

... Respondents (R - 5 is impleaded vide order dated 21.02.2025 in C.M.P(MD)No.17663 of 2024) (R - 6 is suo motu impleaded vide order dated 28.07.2025 in W.A(MD)No.1463 of 2024) PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 21.06.2024 made in W.P(MD)No.13255 of 2024 on the file of this Court.

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For Appellant : Mr.M.K.Sachin Rahul For RR 1 to 3 & 6 : Mr.S.P.Maharajan Special Government Pleader For R - 4 : No appearance For R - 5 : Mr.C.Jeganathan

JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) This intra-court appeal has been instituted challenging the writ order dated 21.06.2024 passed in W.P(MD)No.13255 of 2024. 2.The writ petitioner is the appellant before this Court. 3.The Writ Petition was admittedly filed challenging the order passed by the Sub Registrar / Special Officer of Q 1208, T.M.Kottai Primary Agricultural Co-operative Credit Society in proceedings dated 07.06.2024. The appellant was demoted from the post of Clerk to the post of Saleswoman pursuant to a resolution passed by the management of the Cooperative Society. 3/7

4.The Co-operative Society registered under the Tamil Nadu Co-operative Societies Act, 1983, is not a "State" within the meaning of Article 12 of the Constitution of India. The service conditions of the employees of the Co-operative Societies are governed under the special by-laws approved by the registrar of Co-operate Societies. Therefore, no writ is maintainable against an order passed by the management of the Co-operative Society in view of the legal principles settled by the larger bench of this Court in the case of Marappan Vs. Deputy Registrar of Cooperative Societies [2004 (4) CTC 389]. Accordingly, the appellant has to approach the revisional authority under Section 153 of the Tamil Nadu Co-operative Societies Act 1983. Thus, the appellant is at liberty to approach the competent authority under Section 153 of the Tamil Nadu Co-operative Societies Act 1983 for redressal of her grievances. 4/7

5.With this liberty, both the Writ Appeal as well as Writ Petition are dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

[S.M.S.,J.] & [G.A.M.,J.] 14.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 5/7

To 1.The Joint Registrar, Co-operative Societies, Ramanathapuram, Ramanathapuram District.

2.The Deputy Registrar, Co-operative Societies, Paramakudi Circle, Ramanathapuram District.

3.The Sub Registrar / Special Officer, Q 1208 T.M.Kottai Primary Agricultural Co-operative Credit Society, T.M.Kottai, T.M.Kottai Post, Kadaladi Taluk, Ramanathapuram District.

4.The President / Secretary, Q 1208 T.M.Kottai Primary Agricultural Co-operative Credit Society, T.M.Kottai, T.M.Kottai Post, Kadaladi Taluk, Ramanathapuram District.

5.The Registrar of Co-operative Societies, Chepauk, Chennai.

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S.M.SUBRAMANIAM , J.

and G.ARUL MURUGAN , J.

ps ORDER MADE IN DATED : 14.08.2025 7/7