Madras High Court
L. Palani vs The Joint Registrar Of Co-Operative ... on 5 September, 2024
W.P.No.10481 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA
W.P.No.10481 of 2017
and CMP.No. 11377 of 2017
L. Palani ... Petitioner
Vs.
1. The Joint Registrar of Co-operative Societies,
Villupuram District.
2. The President
E-2028, Kandamandi Primary Agriculture
Co-operative Credit Society
Kandamandi Post,
Villupuram Taluk and District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of Constitution of
India, to issue Writ of Certiorari to call for the records relating to the order
passed by the 1st respondent in Na.Ka.606/2016/SaPa, dated 05.12.2016 and
quash the same and consequently direct the respondents to reinstate the
petitioner in service with all attendant benefits in a time bound manner.
https://www.mhc.tn.gov.in/judis
Page 1 of 5
W.P.No.10481 of 2017
For Petitioner : Mr.R.Karunagaran
For Respondents : Mr.V.Nanmaran
Additional Government Pleader
ORDER
This writ petition is filed for issuance of a Writ of Certiorari to call
for the records relating to the order passed by the 1st respondent in
Na.Ka.606/2016/SaPa, dated 05.12.2016 and quash the same and consequently
direct the respondents to reinstate the petitioner in service with all attendant
benefits in a time bound manner.
2. Aggrieved by the termination order dated 21.01.2016 passed by the
2nd respondent the petitioner filed revision petition before the 1st respondent and
the 1st respondent vide impuged order dated 05.12.2016 dismissed the revision
petition. Aggrieved by the same, the petitioner has filed the above writ petition.
3. At the time of hearing, the learned counsel for the petitioner drew
the attention of this Court to para 8 of the counter affidavit filed by the 2nd
respondent which is extracted below:-
“8. If the petitioner aggrieved by the order dated 05.12.2016
https://www.mhc.tn.gov.in/judis
made by the first respondent under Section Revision Petition 153 of
the Act, 1983 he ought to have preferred Revision Petition before the
Government. Without availing the statutory remedy available to him
by way of filing Revision Petition under Section 153 of the Tamil
Nadu Cooperative Societies Act, 1983 before the Additional Chief
Secretary to Government, Cooperation, Food and Consumer
Protection, Secretariat, Chennai/Revisional Authority under Section
153 of the Act, 1983 the petitioner hastily approached and filed this
writ petition. It is humbly submitted that the writ petition filed by the
petitioner is not maintainable either in law or on facts in terms of Full
Bench Judgment of this Hon'ble Court which was reported in 2006(4)
CTC 689 of Marappan case as alternative remedy available under
Section 153 of the Tamil Nadu Cooperative Societies Act, 1983”.
The learned counsel relying on the aforesaid pleading of the
respondent prayed that liberty may be given to the petitioner to approach the
revisional authority i.e., Additional Chief Secretary to Government,
Cooperation, Food and Consumer Protection, Secretariat, Chennai 600 009
under Section 154 of the Tamil Nadu Cooperative Societies Act, 1983.
4. Considering the limited prayer of the learned counsel for the
petitioner, the writ petition is disposed of with liberty to the petitioner to
approach the Revisional Authority i.e., Additional Chief Secretary to
Government, Cooperation, Food and Consumer Protection, Secretariat, Chennai
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600 009 under Section 154 of the Tamil Nadu Cooperative Societies Act, 1983.
It is made clear that the period spent in prosecuting the writ petition shall be
excluded under Section 14 of the Limitation Act and the revision shall be
disposed on merits and in accordance with law.
5. With the above direction the writ petition is disposed of. No costs.
Consequently, connected miscellaneous petition is also closed.
05.09.2024
dpq
Index : Yes /No
Speaking Order : Yes/No
To
1. The Joint Registrar of Co-operative Societies,
Villupuram District.
2. The President
E-2028, Kandamandi Primary Agriculture
Co-operative Credit Society
Kandamandi Post,
Villupuram Taluk and District.
https://www.mhc.tn.gov.in/judis
N. MALA, J.
dpq
05.09.2024
https://www.mhc.tn.gov.in/judis
