In a petition seeking a writ to compel a Co-operative Society to produce documents for an employee's disciplinary enquiry, this Court held a writ is not maintainable against such a society as it is not a State, relying on settled principles.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2017
CORAM
THE HON'BLE Mr.JUSTICE S.M.SUBRAMANIAM
W.P.No.12751 of 2013 and M.P.No.1 of 2013
C.Subrahmani ... Petitioner
Avadi Camp Post, Thangaiyah Gate,
Avadi, Chennai – 54. ... Respondents
PRAYER: Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus, to direct the 1st respondent to the 2nd respondent to furnish the relevant documents as required by the petitioner for submitting explanation for the charge memo issued against the petitioner on the basis of the written representation made by the petitioner on 25.03.2013.
For Petitioner : Mr.T.E.Badrinathan for Mr.C.Prakasam
For R1 : Mrs.T.Girija, Government Advocate For R2 : Mr.L.P.Shanmugasundaram Special Government Pleader O R D E R
The relief sought for in this writ petition is to direct the 1st and 2nd respondents to furnish the relevant documents as required by the writ petitioner for submitting explanation for the charge memo issued against the him on the basis of the written representation made by him on 25.03.2013.
Article 12 of the Constitution of India, thus, in fact, the writ petition can not be entertained against a Co-operative society, in view of the legal principles settled by the Hon'ble larger bench of this Court reported in K.Marappan Vs. Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal [(2006) 4 CTC 689 (FB).
Sd/Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar cgi/ms
To
+1cc to Mr.C.Prakasam, Advocate, S.R.No.74019
+1cc to the Government Pleader, S.R.No.74712
W.P.No.12751 of 2013 and M.P.No.1 of 2013
AR V https://hcservices.ecourts.gov.in/hcservices/ CA(20/11/2017)
1 issue framed by the court
Whether a writ of mandamus can lie against a Co-operative Society registered under the Tamil Nadu Co-Operative Societies Act which is not a State under Article 12 of the Constitution.
Colour shows how this judgement treated each authority
K.Marappan Vs. Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal [(2006) 4 CTC 689 (FB)]Referred¶15
C.Subrahmani
The Deputy Registrar of Coop. Societies, Thiruvallur Circle, Collectorate Campus, Thiruvallur, Thiruvallur District
The Administrator, Military Engineer Service Employees Coop, Thrift and Credit Society Ltd.
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
