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Madras High CourtWP(MD)/19456/2023dismissed

Chitra Devi v. The Deputy Registrar (Dairying)

2023-08-11Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.19456 of 2023 and WMP(MD) No.16091 of 2023 Chitra Devi ... Petitioner Vs 1.The Deputy Registrar (Dairying) Deputy Registrar Office, (Dairying) Gundurayar Road, Manamadurai, Sivagangai District.

2.The Senior Inspector of Co-operatives Societies, Sivagangai Circle, Deputy Registrar Office, (Dairying) Gundurayar Road, Manamadurai, Sivagangai District.

3.The President / Executive Officer, M.S.194, Alavakottai Milk Producers Cooperative Society, Alavakottai Post, Sivagangai Taluk and District.

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent vide Surcharge Proceeding No. 1/2022-2023 dated 19.06.2023 and quash the same and consequently direct the respondents to re-instate the petitioner in to service with all consequential benefits such as backwages, period of suspension as one spent on duty and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner : Mr.R.Murugan For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

The surcharge proceedings initiated by the first respondent/the Deputy Registrar (Dairying)Sivagangai District in Surcharge Proceeding No. 1/2022-2023 dated 19.06.2023 is under challenge in this writ petition.

2.Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, who takes notice for the respondents submits 2/5

that as against the order passed by the Deputy Registrar, Sivagangai, the petitioner is having an appeal remedy before the Co-operative Tribunal, under Section 152 of the Tamil Nadu Co-operative Societies Act, 1961.

3.In view of the above, this Court is not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed with a liberty to the petitioner to work out her remedy in the Statutory appeal available. No costs. Consequently, connected Miscellaneous Petition is closed.

11.08.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn 3/5

To 1.The Deputy Registrar (Dairying) Deputy Registrar Office, (Dairying) Gundurayar Road, Manamadurai, Sivagangai District.

2.The Senior Inspector of Co-operatives Societies, Sivagangai Circle, Deputy Registrar Office, (Dairying) Gundurayar Road, Manamadurai, Sivagangai District.

3.The President / Executive Officer, M.S.194, Alavakottai Milk Producers Cooperative Society, Alavakottai Post, Sivagangai Taluk and District.

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B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.19456 of 2023 and WMP(MD) No.16091 of 2023 11.08.2023 5/5