Petitioner filed a writ petition praying for the quashing of a communication and payment of gratuity against a Co-operative Society. The court held that the Society is not a State under Article 12 and remedies lie under State law, thus dismissing the petition as not maintainable.
Writ petition dismissed; no costs.
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In the High Court of Judicature at Madras
Dated : 04.07.2017
Coram :
The Honourable Mr.Justice S.M.SUBRAMANIAM
Writ Petition No.13999 of 2017 & WMP. No.15211 of 2017 N. Baskaran, ...Petitioner Vs 1. Secretary, FC 2830 Cuddalore District Public Health Employees Cooperative Society, No.4 Appavu Street, Pudupalayam, Cuddalore -607 001. 2. Block Medical Officer, Block Primary Health Centre, Meensurutti, udayarpalayam Taluk, Ariyalur District. 3. Senior Entomologist, Zonal Entomological Team, Beach Road, Cuddalore -607 001
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus call for the records and quash the communication of the 1st respondent dated 18.03.2017 addressed to the 3rd respondent and consequently directing the 3rd respondent to disburse Rs.5,00,313/- or any amount due by 3rd respondent to the petitioner towards gratuity amount with interest at such rates.
For Petitioner :No Appearance For Respondents:Mr.S.Gunasekaran for Additional Government Pleader
ORDER
By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.
Writ Petition No.13999 of 2017
GMI(CO)
SP(08/08/2017)
2 issues framed by the court
Whether a writ lies against the order of a Co-operative Society which is not a 'State' under Article 12.
Whether the writ petition is maintainable against the respondents.
Colour shows how this judgement treated each authority
Marappan Vs. Deputy Registrar of Co-operative Societies, NamakkalFollowed¶15
2006 (4) CTC 689
3 provisions across 2 enactments
N. Baskaran
Secretary, FC 2830 Cuddalore District Public Health Employees Cooperative Society
Block Medical Officer
Senior Entomologist
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.M. Subramaniam
Parties & counsel
