R.Shanthi, Erstwhile Sec., v. The Joint Registrar Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR R.Shanthi, Erstwhile Secretary, A2484, Alanganallur Co-operative Credit Society, Madurai District.
... Petitioner -vs1.The Joint Registrar of Co-operative Societies, Madurai Region, Madurai.
2.The Deputy Registrar of Co-operative Societies, Madurai Region, Madurai.
3.The President, A2484, Alanganallur Co-operative Credit Society, Alanganallur, Vadipatti Taluk, Madurai District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ or any other order or direction in the nature of Writ of Mandamus directing the third respondent to reinstate the petitioner in the post of Secretary at the third respondent's office based on the communication letter by the second respondent in Na.Ka.No.30/2018, Thoo.Va.(9) dated 10.11.2018. For Petitioner :
Mr.R. Senthil Kumar For R-1 & R-2 :
Mr. A.K. Manickam Counsel for State For R-3 : Mr.T. Lajapathi Roy
ORDER
The writ petition has been filed seeking direction to the third respondent to reinstate the petitioner for the post of Secretary, based on the communication letter of the second respondent in Na.Ka.30/2018.Thoo.Va.(9), dated 10.11.2018.
2.According to the petitioner, she was working as Secretary in A2484, Alanganallur Co-operative Credit Society, Madurai District. Due to coercion of the third respondent, she has tendered her resignation letter. She do not submit any sworn declaration before the third respondent with regard to her resignation. On 18.08.2018, the petitioner sent a representation to the respondent Nos.1 & 2 1/3
narrating the aforsaid facts. Based on a communication received from the third respondent, the second respondent has passed the impugned order, dated 10.11.2018, directing the third respondent to reinstate the petitioner in the post of Secretary, as per provisions of the Tamilnadu Societies Act. But, till date, no such order has been passed by the third respondent. Hence, the petitioner has come out with the present Writ Petition.
3.On perusal of the letter of the second respondent, dated 10.11.2018, it is seen that the second respondent has forwarded the petitioner's application for taking appropriate steps. Further more, in view of the decision rendered by the Hon'ble Full Bench of this Court, in the case of Marappan Vs. Deputy Registrar of Co-operative Societies, Namakkal reported in 2006(4) CTC, Page No.689, the relief sought for by the petitioner cannot be granted. Hence, this Court is not inclined to entertain this petition. This will not preclude the petitioner to seek appropriate remedy before the authority concerned under the Provisions of the Tamilnadu Co-operative Societies Act. 4.With the above observations, this Writ Petition stands dismissed. No Costs.
Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The Joint Registrar of Co-operative Societies, Madurai Region, Madurai.
2.The Deputy Registrar of Co-operative Societies, Madurai Region, Madurai.
+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-26716[F] dated 19/08/2021 ) 2/3
+1 CC to M/s.GP ( SR-26916[F] dated 23/08/2021 ) Order made in W.P.(MD) No.25429 of 2018 18.08.2021 RS (24.09.2021) 3P 5C 3/3