Madras High CourtWP(MD)/19219/2015closed

C. Marcus, v. The Joint Registrar Of

2019-07-30Honourable Mr Justice S.M. Subramaniam2 pages

W.P.[MD]No.19219/15 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P[MD]No.19219 of 2015 and M.P.[MD]No.1 of 2015 C.Marcus ... Petitioner Vs.

1.The Joint Registrar of Cooperative Societies, Sivagangai Region, Sivagangai.

2.The Deputy Registrar of Cooperative Societies, Karaikudi, Sivagangai District.

3.The President, Q633, Nerkuppai PACCS, Nerkuppai Post, Thiruppathur Taluk, Sivagangai District.

4.P.S.Nagarajan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records pertaining to the order dated 12.10.2015 issued by the third respondent and quash the same.

For Petitioner : Mr.D.Sadiq Raja For Respondents 1&2 : Mr.D.Muruganantham Additional Government Pleader For Respondent No.3 : Mr.J.Gunaseelan Muthiah Additional Government Pleader For Respondent No.4 : Mr.M.Saravana Kumar https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.19219/15

O R D E R

The order of suspension dated 12.10.2015 placing the petitioner under suspension is under challenge in the present writ petition. 2.The impugned order of suspension was issued by the President of the Cooperative Society, which is not a State within the meaning of Article 12 of the Constitution of India. No writ petition can be entertained against a Cooperative Society as the employees of the Cooperative Societies are bound to exhaust the statutory remedy provided under the Tamil Nadu Cooperative Societies Act. 3.However, learned Additional Government Pleader, on instructions made a submission that the writ petitioner had already been reinstated and working in the Society as of now. This being the factum, no further adjudication is required.

4.Accordingly, the Writ Petition stands closed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Joint Registrar of Cooperative Societies, Sivagangai Region, Sivagangai.

2.The Deputy Registrar of Cooperative Societies, Karaikudi, Sivagangai District.

3.The President, Q633, Nerkuppai PACCS, Nerkuppai Post, Thiruppathur Taluk, Sivagangai District.

+1 CC to M/s.M.SARAVANA KUMAR, Advocate ( SR-78782[F] dated 31/07/2019 ) +1 CC to M/s.SPL GP ( SR-78874[F] dated 31/07/2019 ) W.P[MD]No.19219 of 2015 30.07.2019 MR JMN(09.08.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2