Senthilkumar C v. The Joint Registrar Of Co-Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.21501 of 2023 C.Senthilkumar ... Petitioner Vs.

The Joint Registrar of Cooperative Societies, Collectorate Complex, Dindigul.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent not to remove or otherwise meddle with the official posting of the petitioner as directed in Na.Ka.4288/2021 / SaPa(1) dated 31.07.2022 till the disposal of the appeal preferred by the petitioner. For Petitioner : Mr.T.Ravichandran For Respondent : Mr.S.RA.Ramachandran, Addl. Government Pleader.

1/4

ORDER

Heard both sides.

2.The prayer sought for in this writ petition cannot be granted. Admittedly, action has been taken by the respondent under the relevant provision of Tamil Nadu Cooperative Societies Act, 1983. The petitioner has already filed an appeal. It is for the petitioner to obtain interim order before the appellate authority. The final relief sought for in this writ petition is in the nature of interim relief. In view of the decision reported in AIR 1952 SC 12 (State of Orissa Vs. Madan Gopal Rungta), such prayer cannot be granted.

3.Granting liberty to the petitioner to pursue his remedy in the pending appeal, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 18.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No 2/4

ias To:- The Joint Registrar of Cooperative Societies, Collectorate Complex, Dindigul.

3/4

G.R.SWAMINATHAN, J.

ias 18.10.2023 4/4