Madras High Court
Raja vs The Deputy Registrar Of ... on 5 August, 2022
W.P.No.19965 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.19965 of 2022 and
WMP 19256, 19258 of 2022
Raja ... Petitioner
vs.
1. The Deputy Registrar of Cooperative Societies,
Tirupathur Circle,
Tirupathur, Tirupathur District.
2. The President,
C.2551, Pudupettai Primary Agricultural
Cooperative Credit Society,
Pudupettai Village & Post 635 651,
Natrampalli Taluk, Tirupathur District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorari, calling for the entire records
relating to the impugned resolution passed by the second respondent in
resolution No.73, dated 08.06.2022 and quash the same.
For Petitioner : Mr.C.Prakasam
For Respondents : Mr.C.Selvaraj, Addl.Govt.Pleader
for R1
Mr.R.V.Dinesh Rajkumar,
Addl. Government Pleader
for R2
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.19965 of 2022
ORDER
This writ petition has been filed for issuance of a Writ of Certiorari,
quashing the impugned resolution passed by the second respondent in
resolution No.73, dated 08.06.2022.
2. The petitioner was reverted from the post of Salesman to Attender
by the second respondent vide Resolution No.73 dated 08.06.2022, without
giving any notice to the petitioner or conducting any enquiry. According to
the petitioner, without exhausting remedy under Section 153 of the Tamil
Nadu Cooperative Societies Act, he approached this Court, because, in the
Marappan Case, there is an exemption clause, if no notice and no opportunity
was given, then the writ lie against the Cooperative Society. Hence this Writ
petition.
3. The learned Additional Government Pleader appearing for the
respondents submitted that the writ petition filed against the Co-operative
Society is not maintainable in the light of the Larger Bench judgment of this
Court in K.MARAPPAN VS. DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETY, NAMAKKAL reported in 2006 (4) CTC 689. The learned
https://www.mhc.tn.gov.in/judis
W.P.No.19965 of 2022
Additional Government Pleader further submitted that, the writ petitioner,
without exhausting remedy before the appellate authority, has approached
this Court, therefore, the writ petition is liable to be dismissed on this ground
also.
4. It is to be noted that the Tamil Nadu Co-operative Societies Act is a
specially enacted to govern the Co-operative Societies in the State and the
Act is self-contained Code providing mechanism for the redressal of the
grievances, including to the employees of the Co-operative Societies.
Therefore, in respect of the employees of the Co-operative Societies, the
provisions of the Co-operative Societies Act alone is applicable and not the
General Act and when an effective alternative remedy is available to the
employees, undoubtedly, the same is to be exhausted under the law and the
Writ Courts need not entertain the writ petition. Thus, this Court is of the
opinion that the remedy available under the above Act is to be exhausted
before approaching this Court under Article 226 of the Constitution of India.
5. Accordingly, the writ petition stands dismissed, granting liberty to
the petitioner to approach either before the revisional authority or any other
https://www.mhc.tn.gov.in/judis
W.P.No.19965 of 2022
competent authority, as prescribed under the Tamil Nadu Cooperative
Societies Act. No costs. Consequently, connected writ miscellaneous
petitions are closed.
05.08.2022
Index : Yes / No
Internet : Yes / No
mst
To
1. The Deputy Registrar of Cooperative Societies,
Tirupathur Circle,
Tirupathur, Tirupathur District.
2. The President,
C.2551, Pudupettai Primary Agricultural
Cooperative Credit Society,
Pudupettai Village & Post 635 651,
Natrampalli Taluk, Tirupathur District.
https://www.mhc.tn.gov.in/judis
W.P.No.19965 of 2022
D.KRISHNAKUMAR. J
mst
W.P.No.19965 of 2022
05.08.2022
https://www.mhc.tn.gov.in/judis
