D.Srinivasan vs The Registrar Of Co-Operative ...
2021 Latest Caselaw 1748 Mad

                                                                        W.P.No.1576 of 2021

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED 27.01.2021

                                                      CORAM

                                   THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

                                                W.P.No.1576 of 2021
                                                (Heard through VC)

                  D.Srinivasan                                          .. Petitioner

                                                       -vs-

                  1.The Registrar of Co-operative Societies,
                    Co-operative Societies Registrar Office,
                    No.170, Periyar E.V.R.Main Road,
                    Poonamallee High Road,
                    Kilpauk, Chennai 600 010.

                  2.The Joint Registrar,
                    Co-operative Societies,
                    Joint Registrar Office Campus,
                    District Collector Office Campus Building,
                    Sathuvacherry, Vellore-632 009.

                  3.The Deputy Registrar,
                    Co-operative Societies Deputy Registrar Office Campus,
                    Ranipet Jurisdiction.

                  4.The President,
                    C-6897, Ammur Primary Agricultural
                      Co-operative Credit Society,
                    Bazzar Street,
                    Ammur - 632 501,
                    Wallajah Taluk,
                    Ranipet District.                                    .. Respondents




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https://www.mhc.tn.gov.in/judis/
                                                                                       W.P.No.1576 of 2021

                  Prayer: Petition filed under Article 226 of Constitution of India to issue
                  a Writ of Mandamus directing the respondents to consider the
                  petitioner's representation dated 10.11.2020 and thereby direct the
                  Respondents           to   revoke     the    petitioner's     dismissal    order   dated
                  18.02.2019 and also provide salary from the period of suspension
                  dated 23.08.2017 to till reinstatement of petitioner service with full
                  salary.


                                   For Petitioner        : Mr.D.Vijayababu

                                   For Respondents       : Mr.L.P.Shanmugasundaram
                                                           Special Government Pleader


                                                          ORDER

The writ petition has been filed seeking a direction to the

respondents to consider the petitioner's representation dated

10.11.2020 and thereby direct the respondents to revoke the

petitioner's dismissal order dated 18.02.2019 and also provide salary

from the period of suspension dated 23.08.2017 to till reinstatement of

petitioner's service with full salary.

2. Mr.L.P.Shanmugasundaram, learned Special Government

Pleader takes notice on behalf of the respondents. By consent of both

parties, the writ petition is taken up for final disposal at the admission

stage itself.

https://www.mhc.tn.gov.in/judis/ W.P.No.1576 of 2021

3. The petitioner has come forward with the present writ

petition seeking a relief against the fourth respondent, which is a Co-

operative Society. This Court is not inclined to grant the relief as sought

for by the petitioner, as the writ petition is not maintainable against the

Co-operative Society in view of the judgment of this Court in

K.Marappan vs. The Deputy Registrar of Co-operative Societies,

Namakkal Circle, Namakkal and another reported in 2006-4-

L.W.495.

4. At the time of dictating the order, it is represented by the

learned counsel for the petitioner that the petitioner has been asked to

join the work on the Principle of 'No work No pay' vide order dated

14.02.2020 and the petitioner has not been provided with job yet. He

further submitted that the petitioner has also filed a petition under

Section 154 of Tamil Nadu Co-operative Societies Act, 1983 on

14.03.2020.

5. Though there is no need for this Court to make any

observations, since the petitioner is without job, this Court expects the

authority to decide the matter as per Section 154 of Tamil Nadu Co-

https://www.mhc.tn.gov.in/judis/ W.P.No.1576 of 2021

operative Societies Act, 1983, and pass appropriate orders thereon, in

accordance with law, after affording an opportunity of hearing to the

petitioner, preferably within a period of sixty (60) days from the date of

receipt of a copy of this order.

With the above directions, the Writ Petition is disposed of. No

costs.

                                                                                      27.01.2021
                  Index                     :   Yes/no
                  Speaking order            :   Yes/No
                  rsi

                  To

1.The Registrar of Co-operative Societies, Co-operative Societies Registrar Office, No.170, Periyar E.V.R.Main Road, Poonamallee High Road, Kilpauk, Chennai 600 010.

2.The Joint Registrar, Co-operative Societies, Joint Registrar Office Campus, District Collector Office Campus Building, Sathuvacherry, Vellore-632 009.

3.The Deputy Registrar, Co-operative Societies Deputy Registrar Office Campus, Ranipet Jurisdiction.

https://www.mhc.tn.gov.in/judis/ W.P.No.1576 of 2021

4.The President, C-6897, Ammur Primary Agricultural Co-operative Credit Society, Bazzar Street, Ammur - 632 501, Wallajah Taluk, Ranipet District.

https://www.mhc.tn.gov.in/judis/ W.P.No.1576 of 2021

S.VAIDYANATHAN, J.

rsi

W.P.No.1576 of 2021

27.01.2021

https://www.mhc.tn.gov.in/judis/