S.Rajan v. The Managing Director Cum

1 W.A.(MD)NO.1659 OF 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MS.JUSTICE R. POORNIMA W.A.(MD)No.1659 of 2018 AND C.M.P.(MD)No.12171 of 2018

1. S.Rajan

2. Sundara Mahalingam

3. V.Ramesh

4. R.Murugan

5. K.Balakrishnan

6. G.Vishwanathan

7. R.Saravanan

8. K.Sarala Devi

9. A.M.Kavitha ... Appellants / Petitioners Vs.

The Managing Director cum Joint Registrar, Ramanathapuram District Central Cooperative Bank Ltd., 265E, Vandikara Street, Ramanathapuram District - 623 501.

... Respondent / Respondent Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside the order passed in W.P.(MD)No.18472 of 2018 dated 10.09.2018.

For Appellants : Mr.V.O.S.Kalaiselvam For Respondent : Mr.D.Shanmugaraja Sethupathy * * * 1/4

2 W.A.(MD)NO.1659 OF 2018

J U D G M E N T

(Judgment of the Court was delivered by G.R.SWAMINATHAN, J.) Heard both sides.

2. The appellants herein filed W.P.(MD)No.18472 of 2018 for directing the management of Ramanathapuram District Central Cooperative Bank Ltd., to grant appointment to them as Managers as per the seniority list dated 22.05.2014. The writ petition was dismissed as not maintainable. The learned Judge however clarified that it is for the writ petitioners to avail the remedy under the Tamil Nadu Co-operative Societies Act, 1983. Questioning the same, this writ appeal has been filed.

3. The Hon'ble Division Bench vide order dated 29.04.2022 in W.A.(MD)No.431 of 2011 (P.Manimaran V. The Joint Registrar/Managing Director, Sivagangai District Central Co-operative Bank Ltd., Sivagangai) had reiterated the position that no writ petition would lie a Co-operative Society. The Hon'ble Division Bench also specifically had taken note of the 97th constitutional amendment.

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3 W.A.(MD)NO.1659 OF 2018 4.In this view of the matter, we have to hold that there is no merit in this writ appeal. This writ appeal stands dismissed. If the appellants file any revision petition before the authority concerned within a period of three weeks from the date of receipt of a copy of this order, the same shall be entertained without reference to limitation. The revision petition will also be given disposal within a period of eight weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.) 14th November 2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.A.(MD)NO.1659 OF 2018 G.R.SWAMINATHAN,J.

AND R.POORNIMA, J.

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