S.Thangavel vs The Registrar Of Co-Operatives ...
2022 Latest Caselaw 5813 Mad

                                                                             W.P.No.23691of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 22.03.2022

                                                   CORAM:

                                  THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR

                                             W.P.No. 23691 of 2021
                                                     and
                                            W.M.P.No.24939 of 2022


                  S.Thangavel
                                                                     ..             Petitioner

                                                       Vs.

                  1. The Registrar of Co-Operatives Societies,
                     Kilpauk
                     Chennai-600010.

                  2. The Additional Registrar/ Managing Director
                      of Co-Operatives Societies,
                     Salem District Central Cooperative Bank,
                     Salem.

                  3. The Assistant Registrar of Co-Operatives Societies,
                     Sankari,
                     Salem District.

                  4. S.No.1504, Mothaiyanur Primary Agriculture
                        Co-Operative Society Bank Ltd,
                     Rep. by its President,
                     Mothaiyanur Post, Sankari Taluk,
                     Salem-637303.                                         .. Respondents



                  1/4
https://www.mhc.tn.gov.in/judis
                                                                                    W.P.No.23691of 2021

                  Prayer: Writ petition filed under Article 226 of the Constitution of India
                  praying for issuance of a Writ of Certiorarified Mandamus calling for the
                  records pertaining to the order passed by the fourth respondent dated
                  13.10.2021 and quash the same, consequently direct the respondents to
                  complete the enquiry.


                            For Petitioner             :Mr.A.Saravanan

                            For Respondent             : Mrs.S.Anitha, Special Govt Pleader,
                                                         for R1 to R3


                                                         ORDER

The writ petition has been filed before this Court challenging the

order of removal from service dated 13.10.2021 passed by the 4th

respondent/Society. The contention of the learned counsel for the petitioner is

that the 4th respondent without conducting any domestic enquiry and without

considering the explanation and other materials produced by the petitioner,

has passed the impuged order without any valid reason.

2 The learned Special Government Pleader submits that 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

https://www.mhc.tn.gov.in/judis W.P.No.23691of 2021

2006 (4) CTC 689. The learned Special Government Pleader has 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.

3 In view of the above, the writ petition is dismissed as maintainable.

However, liberty is granted to the petitioner to approach the competent

authority under Section 90 of the Tamilnadu Cooperative Societies Act

within a period of two weeks from the date of receipt of a copy of this order.

No costs. Consequently, connected miscellaneous petition is closed.

                                                                                        22.03.2022

                  Internet        : Yes / No
                  ak

                  To

1. The Registrar of Co-Operatives Societies, Kilpauk Chennai-600010.

2. The Additional Registrar/ Managing Director of Co-Operatives Societies, Salem District Central Cooperative Bank, Salem.

https://www.mhc.tn.gov.in/judis W.P.No.23691of 2021

D.KRISHNAKUMAR. J

ak

3. The Assistant Registrar of Co-Operatives Societies, Sankari, Salem District.

W.P.No. 23691 of 2021 and W.M.P.No.24939 of 2022

22.03.2022

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