Madras High Court
B.Elamparuthy vs The Joint Registrar Of ... on 11 April, 2022
W.P.No.24754 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.04.2022
CORAM :
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Petition No.24754 of 2010
and M.P.No.1 of 2010
B.Elamparuthy .... Petitioner
-Vs-
1.The Joint Registrar of Cooperative Societies
Dharmapuri Region, Dharmapuri.
2.The Deputy Registrar of Cooperative Societies
Dharmapuri Region, Dharmapuri.
3.S.292, Menasi Primary Agricultural Cooperative
Bank, rep.by its Special Officer, Menasi Post
Pappireddipatty-Taluk, Dharmapuri District. …. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
issuance of a Writ of Certiorarified Mandamus calling for the records relating to the
impugned Resolution No.89 dated 06.01.2001 passed by the 3rd respondent quash the
same and consequently promote the petitioner to the post of Attender (Fertilizer
Salesman) in the 3rd respondent Society in terms of Resolution No.52 dated 07.07.2000
passed by the 3rd respondent.
(Prayer amended vide order of the Court dated 08.04.2022 in W.M.P.No.114 of 2022)
For Petitioner : Mr.G.Ethirajulu
For Respondents : Mrs.E.Renganayaki
Additional Government Pleader-for R1 & R2
Mr.S.Sivasuanmugam – for R3
ORDER
https://www.mhc.tn.gov.in/judis
W.P.No.24754 of 2010
This writ petition has been filed by an employee of a Cooperative Society
challenging the resolution of the Cooperative Society, thereby imposing a punishment
on him.
2. On the face of it, this writ petition is not maintainable in view of the
judgment of the larger bench in “K. Marappan -vs- The Deputy Registrar of Co-
operative Societies, Namakkal and another” reported in 2006 (4) C.T.C.689.
Therefore, the learned counsel for the petitioner would submit that, at this distant
point of time since the writ petition was entertained in the year 2010, he can be
relegated to avail alternate remedy.
3. It is not the question of alternate remedy in this case, whereas it is the
question of the petitioner having no remedy before this Court straight away because,
the Cooperative Society is not State and the writ petition is not maintainable.
However, considering the facts of this case, in the event of the petitioner choosing to
avail the remedy of revision as against the impugned punishment under Section 153
of the Tamil Nadu Cooperative Societies Act and if he files such revision within 30
(thirty) days from the date of receipt of a copy of this order, the same shall be treated
as within the period of limitation by the authority and may be dealt with and disposed
on merits and in accordance with law.
4. With the above observations, this writ petition is disposed of. No costs.
https://www.mhc.tn.gov.in/judis
W.P.No.24754 of 2010
Consequently M.P.No.1 of 2010 is closed.
11.04.2022
Index : Yes/No
Internet : Yes/No
KST
To
1.The Joint Registrar of Cooperative Societies
Dharmapuri Region, Dharmapuri.
2.The Deputy Registrar of Cooperative Societies
Dharmapuri Region, Dharmapuri.
3.The Special Officer
S.292, Menasi Primary Agricultural Cooperative
Bank, Menasi Post,Pappireddipatty-Taluk,
Dharmapuri District.
https://www.mhc.tn.gov.in/judis
W.P.No.24754 of 2010
D.BHARATHA CHAKRAVARTHY, J.
kst
W.P.No.24754 of 2010
11.04.2022
https://www.mhc.tn.gov.in/judis
