K.Selvam vs The Deputy Registrar Of ...
2022 Latest Caselaw 10115 Mad

                                                                                       WP No.14285 of 2014

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 14-06-2022

                                                                CORAM

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                      WP No.14285 of 2014
                                                             And
                                                       MP No.2 of 2014



                     K.Selvam                              ..                       Petitioner

                                                                 vs.


                     1.The Deputy Registrar of Cooperative Societies,
                       Public Distribution System,
                       Dharmapuri.

                     2.K.K.27, Jertahlav Primary Agricultural Cooperative
                        Society Ltd., Rep. By its President Jerthalav,
                       Palakode Taluk,
                       Dharmapuri District.         ..                              Respondents

                                  Writ Petition is filed under Article 226 of the Constitution of India,
                     praying for the issuance of a Writ of Certiorari, calling for the records of the
                     order passed in Na.Ka.No.1980/2013 PDS2 dated 24.01.2014 on the file of
                     the first respondent and consequential order of the second respondent dated
                     26.05.2014 and quash the same.

                     1/6


https://www.mhc.tn.gov.in/judis
                                                                                     WP No.14285 of 2014




                                  For Petitioner               : Mr.G.Mohanraj

                                  For Respondent-1             : Ms.R.L.Karthika,
                                                                 Government Advocate.

                                  For Respondent-2             : Mr.V.Ravichandran


                                                         ORDER

The order passed by the Deputy Registrar of Cooperative

Societies in proceedings dated 24.01.2014 addressing to the President of the

second respondent-Society and the subsequent order passed by the President

of the second respondent-Society in proceedings dated 26.05.2014 are under

challenge in the present writ petition.

2. The order passed by the first respondent is an inter

departmental communication based on which the impugned order has been

passed by the second respondent in proceedings dated 26.05.2014. The

order impugned is passed by the President of the second respondent-

Society.

https://www.mhc.tn.gov.in/judis WP No.14285 of 2014

3. The second respondent-Society is a Cooperative Society

registered under the provisions of the Tamil Nadu Cooperative Societies

Act, 1983 and not a State within the meaning of Article 12 of the

Constitution of India. Thus, the present writ petition is not entertainable in

view of the judgment of the larger bench of this Court in the case of

K.Marappan vs. Deputy Registrar of Co-Operative Societies,

Namakkal Circle, Namakkal [(2006) 4 CTC 689 (FB)], the

aggrieved person has to exhaust the statutory remedy contemplated under

the Tamil Nadu Cooperative Societies Act, more specifically, Section 153

of the Act, provides revision and the petitioner has to approach the

Competent Authority by way of revision to redress his grievances in the

manner known to law.

4. The learned counsel for the petitioner relied on the order of

suspension issued by the President, which is self-contradictory. However, it

is for the petitioner to establish his case before the Revisional Authority by

preferring a revision in a prescribed format by following the procedures.

Thus, the petitioner is at liberty to approach the Competent Authority under

https://www.mhc.tn.gov.in/judis WP No.14285 of 2014

the provisions of the Tamil Nadu Cooperative Societies Act for redressal of

his grievances.

5. With the abovesaid liberty, the writ petition stands disposed

of. However, there shall be no order as to costs. Consequently, connected

miscellaneous petition is closed.

14-06-2022

Index : Yes/No.

Internet : Yes/No.

Speaking Order/Non-Speaking Order. Svn

https://www.mhc.tn.gov.in/judis WP No.14285 of 2014

To

The Deputy Registrar of Cooperative Societies, Public Distribution System, Dharmapuri.

https://www.mhc.tn.gov.in/judis WP No.14285 of 2014

S.M.SUBRAMANIAM, J.

Svn

WP 14285 of 2014

14-06-2022

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