Madras High Court
A.Duraisamy vs The Registrar Of Co-Operative ... on 5 January, 2021
W.P.No.20474 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.01.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.20474 of 2020
(Heard through VC)
A.Duraisamy,
Manager,
S-1565, Palace Nagar Co-operative
Housing Society Ltd.,
Cherry Road,
Salem – 636 001. .. Petitioner
-vs-
1.The Registrar of Co-operative Societies (Housing),
No.48, Ritherdon Road, 2nd Floor,
Vepery,
Chennai – 600 007.
2.The Deputy Registrar of Co-operative Societies (Housing),
Fairlands,
Salem – 636 016.
3.The President,
S.1565 Palace Nagar Co-operative,
Housing Society Ltd.,
Palace Towers,
Cherry Road,
Salem – 636 001. .. Respondents
Prayer: Petition filed under Article 226 of Constitution of India to issue
a Writ of Mandamus directing the respondents 1 and 2 to consider and
pass orders on the representation of the petitioner dated 02.12.2019
within a stipulated period.
1/5
https://www.mhc.tn.gov.in/judis/
W.P.No.20474 of 2020
For Petitioner : Mr.K.Selvaraj
For Respondents1 & 2 : Mr.L.P.Shanmugasundaram
Special Government Pleader
ORDER
The writ petition has been filed seeking a direction to the
respondents 1 and 2 to consider and pass orders on the representation
of the petitioner dated 02.12.2019 within a stipulated period.
2. Mr.L.P.Shanmugasundaram, learned Special Government
Pleader takes notice on behalf of the respondents 1 and 2. By consent
of both parties, the writ petition is taken up for final disposal at the
admission stage itself.
3. The case of the petitioner is that he is functioning as a
Secretary-in-charge pursuant to the resolution passed by the third
respondent-Society. It is his further case that the third respondent
herein due to his personal enmity against the petitioner, by order dated
29.11.2019, directed the petitioner to hand over the charge of
Secretary to his junior most employee. In obedience to the order, he
has handed over the charge to the said person on 29.11.2019. In this
regard, the petitioner has submitted a representation dated 02.12.2019
to the respondents 1 and 2. But, so far, no orders have been passed.
https://www.mhc.tn.gov.in/judis/
W.P.No.20474 of 2020
4. Mr.L.P.Shanmugasundaram, learned Special Government
Pleader appearing for the respondents 1 and 2 would submit that the
third respondent-Society has to decide about the posting, appointment
or promoting a person on permanent basis as a Secretary and a
resolution will be forwarded to the first and second respondents, who
will sanction, taking into consideration the request of the third
respondent and the respondents 1 and 2 have no role to play with
regard to promotion or appointment of any persons as Secretary.
5. Since the decision has got to be taken only by the third
respondent-Society and that the first and second respondents are only
a sanctioning authority, the writ petition against the third respondent is
not maintainable before this Court 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, as the petitioner seeks the relief against the
Co-operative Society in this case.
6. In view of the above, this writ petition is dismissed. The
dismissal of the writ petition is not a bar for the petitioner to work out
https://www.mhc.tn.gov.in/judis/
W.P.No.20474 of 2020
his remedy before the appropriate forum, as the relief sought for by the
petitioner cannot be granted by this Court. No costs.
05.01.2021
Index : Yes/no
Speaking order : Yes/No
rsi
To
1.The Registrar of Co-operative Societies (Housing),
No.48, Ritherdon Road, 2nd Floor,
Vepery,
Chennai – 600 007.
2.The Deputy Registrar of Co-operative Societies (Housing),
Fairlands,
Salem – 636 016.
https://www.mhc.tn.gov.in/judis/
W.P.No.20474 of 2020
S.VAIDYANATHAN, J.
rsi
W.P.No.20474 of 2020
05.01.2021
https://www.mhc.tn.gov.in/judis/
