Madras High CourtWP(MD)/24494/2019dismissed

P.Subramani v. The Joint Registrar Of Cooperative Societies

2022-02-11Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.24494 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.24494 of 2019 and WMP(MD)No.21116 of 2019 P.Subramani ... Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Collectorate, Thanthunimalai, Karur District.

2.The President, R-240, K.N.Pudur Primary Agricultural Co-operative Credit Society, N.Pudur, Nanniyoor Post, Karur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for the records pursuant to the impugned proceeding No.Nil dated 11.11.2019 of the 2nd respondent and quash the same within the time stipulated by this Court.

For Petitioner :Mr.R.Ramasamy For R1 :Mr.P.Thilak Kumar Govt.Pleader Assisted by Mr.Ramesh Government Advocate For R2 : No Appearance

O R D E R

The order dated 11.11.2019 passed by the President of the 2nd respondent K.N.Pudur Primary Agricultural Co-operative Credit Society is under challenge in the present writ petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.24494 of 2019

2. The order impugned is related to disciplinary proceedings. However, the second respondent Co-operative Society is the registered Society under the Tamil Nadu Co-operative Societies Act and therefore, not a State within the meaning of Article 12 of the Constitution of India. The principles regarding the maintainability of the writ petition has been settled by the Larger Bench of the High Court of Madras in the case of Marappan K. Vs. The Deputy Registrar of Co-operative Societies, reported in [2006(4) CTC 689]. Thus, the petitioner has to exhaust the statutory remedy contemplated under the Tamilnadu Co-operative Societies Act. A revision is provided under Section 153, which is an efficacious remedy and therefore, the petitioner is at liberty to approach the competent revisional authority for redressing his grievance.

3. With these liberty, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar /TRUE COPY/ / /2022 Sub Assistant Registrar (CS) MPK To 1.The Joint Registrar of Co-operative Societies, Collectorate, Thanthunimalai, Karur District.

2.The President, R-240, K.N.Pudur Primary Agricultural Co-operative Credit Society, N.Pudur, Nanniyoor Post, Karur District.

+1 CC to M/s.T.RAMASAMY, Advocate ( SR-5857[F] dated 14/02/2022 ) +1 CC to M/s.SPL GP ( SR-5974[F] dated 14/02/2022 ) W.P.(MD)No.24494 of 2019 11.02.2022 MK/25.02.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2