P. Theduraja, v. The Joint Registrar,
W.P.(MD).Nos.1229 and 1230 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).Nos.1229 and 1230 of 2015 P.Theduraja : Petitioner in W.P(MD).No.1229 of 2015 S.Vanaraj : Petitioner in W.P(MD).No.1230 of 2015 -Vs1. The Joint Registrar, Co-operative Societies, Theni Region, Theni District.
2. The Special Officer, (Presently President) Varasanadu Primary Agricultural Co-operative Bank, Varasanadu, Theni District.
Respondents in both petitions Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the first respondent dated 12.01.2010 made in R.C.No.7651/2009 SF and quash the same and as illegal and invalid and direct the respondents herein to appoint the petitioner in existing vacancies of the concerned department with back wages and continuation of service. In both petitions For Petitioners : No Appearance For Respondents : Mr.P.Mahendran Additional Government Pleader for R1 Mr.S.Kumar for R2 COMMON ORDER The petitioners were appointed in a Primary Co-operative Society registered under the provisions of the Tamil Nadu Cooperative Societies Act.
The petitioners were suspended long back on initiation of departmental disciplinary proceedings. As far as the employees of the Co-operative Societies are concerned, no writ petition is entertainable under Article 226 of the Constitution of India, without exhausting the remedies available under the Cooperative Societies Act. Co-operative society is not funded by the Government and it is not the "State" within the meaning of Article 12 of the Constitution of India. Thus, the employees have to https://hcservices.ecourts.gov.
W.P.(MD).Nos.1229 and 1230 of 2015 exhaust the remedy available. The legal principles are settled in the case of K.Marappan Vs. The Deputy Registrar of Co-operative Societies, Namakkal reported in (2006) 4 CTC 689. 2.In this view of the matter, the petitioners are at liberty to approach the competent authority by filing a revision petition under Section 153 of the Tamil Nadu Co-operative Societies Act in a prescribed format.
3.With the above liberty, these Writ Petitions stand dismissed. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To The Joint Registrar, Co-operative Societies, Theni Region, Theni District.
+1 CC to the SPL GP ( SR-22684[F] dated 24/11/2020 ) W.P.(MD).Nos.1229 and 1230 of 2015 23.11.2020 PM(CO) CS(04.12.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2