Madras High Court
Subashini vs The Registrar Of Co-Operative ... on 27 January, 2022
W.P.No.1039 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.1039 of 2022
and
W.M.P.No.1106 of 2022
Subashini ...Petitioner
Vs.
1.The Registrar of Co-operative Societies,
No.170, N.V.Natarajan Maligai,
Periyar EVR High Road,
(Poonamalle High Road),
Kilpauk,
Chennai – 600 010.
2.The Deputy Registrar of Co-operative Society,
Office of Deputy Registrar of Co-operative Societies,
9A-Vandavasi Road,
Kanchipuram.
3.The Chinglepet District P.W.D.High Ways,
T.W.A.D. Industries and Commerce
Department Employees Co-operative Thrift
and Credit Society,
Kanchipuram represented by its Secretary.
Taluk office Compound,
Kanchipuram,
Kanchipuram District ...Respondents
https://www.mhc.tn.gov.in/judis
Page 1 of 6
W.P.No.1039 of 2022
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 1st respondent to direct the
3rd respondent to repay the petitioner, the amounts deposited by the
petitioner with the 3rd respondent vide Fixed deposits receipts bearing FDR
No.7194, 7195, 7196, 7197 along with subsequent interest from 13.01.2021
till date of payment.
For Petitioner : Mr.T.Sathiyamoorthy
For Respondents : Mrs.S.Anitha
Special Government Pleader
[Co-operative Societies]
ORDER
The relief sought for in the present writ petition is to direct the 3rd
respondent to repay the petitioner, the amounts deposited in the 3rd
respondent Society vide fixed deposits bearing FDR Nos.7194, 7195, 7196
and 7197.
2. The petitioner states that her husband Mr.Venkatesan was
working in the 3rd respondent Society for about 36 years. The 3rd
respondent/Society is a Co-operative Society registered under the Tamil
https://www.mhc.tn.gov.in/judis
W.P.No.1039 of 2022
Nadu Co-operative Societies Act. The petitioner states that she is a
Musician practicing Carnatic Music. She deposited some amount with the
3rd respondent/Society. However, even after the maturity of the deposits the
3rd respondent Society has not returned back the deposited money to the
petitioner.
3. As far as the dispute is concerned it is between the 3rd
respondent/Society and the petitioner. The petitioner is the member of the
3rd respondent/Society, which is registered under the Tamil Nadu Co-
operative Societies Act, which is not a State within the meaning under
Article 12 of the Constitution of India. Thus, as per the Larger Bench
judgment of this Court in the case of K.Marappan vs. The Deputy
Registrar of Co-operative Societies and another reported in 2006 (4) CTC
689, the aggrieved persons has to exhaust the remedies provided under the
provisions of the Act. Under Section 90 of the Tamil Nadu Co-operative
Societies Act, a dispute can be raised by a member against the Society and
an appeal lies before the Special Cooperative Tribunal under Section 152 of
the Tamil Nadu Cooperative Societies Act. Thus, the petitioner has to
exhaust all such Statutory remedy and thereafter approach the High Court
for redressal if their grievances are not redressed.
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W.P.No.1039 of 2022
4. Contrarily, the High Court cannot entertain such writ petition
merely based on the representations and issue a direction to refund all the
Fixed Deposit amount made by the petitioner. Such a procedure if adopted
in the absence of any adjudication, there is a possibility of miscarriage of
justice and therefore, all such disputed facts and circumstances are to be
adjudicated in an elaborate manner for the purpose of redressal of the
grievances of the litigants.
5. Thus, the petitioner is at liberty to approach the competent
authority under the provisions of the Tamil Nadu Cooperative Societies Act
for redressal of her grievances. In the event of approaching the authorities
by the petitioner, such authorities are bound to dispose of the applications
or appeals as expeditiously as possible.
6. With this direction, the Writ Petition stands disposed of. No
costs. Consequently, the connected Writ Miscellaneous Petition is closed.
27.01.2022
Jeni/Cse
Internet : Yes
https://www.mhc.tn.gov.in/judis
W.P.No.1039 of 2022
Index : Yes
Speaking order : Yes
To
1.The Registrar of Co-operative Societies,
No.170, N.V.Natarajan Maligai,
Periyar EVR High Road,
(Poonamalle High Road),
Kilpauk,
Chennai – 600 010.
2.The Deputy Registrar of Co-operative Society,
Office of Deputy Registrar of Co-operative Societies,
9A-Vandavasi Road,
Kanchipuram.
3.The Secretary,
The Chinglepet District P.W.D.High Ways,
T.W.A.D. Industries and Commerce
Department Employees Co-operative Thrift
and Credit Society,
Kanchipuram.
Taluk office Compound,
Kanchipuram,
Kanchipuram District.
https://www.mhc.tn.gov.in/judis
W.P.No.1039 of 2022
S.M. SUBRAMANIAM, J.
Jeni/Cse
W.P.No.1039 of 2022
27.01.2022
https://www.mhc.tn.gov.in/judis
