Dismissed

P.Ramesh v. the Registrar of Co. Op

Madras HC7 Jul 2017WP/17665/2004

Case brief

AI extract

What is this about?

The petitioner challenged a salary reduction order passed by a Special Officer without opportunity of hearing. The Court held that since an alternative appeal remedy exists under the Cooperative Societies Act, the writ petition is not maintainable.

What did the court decide?

The writ petition is dismissed; the petitioner is directed to approach the appropriate forum under the Cooperative Societies Act.

P.Ramesh Vs the Registrar of Co. Op — Consumer Protection | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 07.07.2017

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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W.P.No.17665 of 2004

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P.Ramesh ... Petitioner – Vs -

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The Registrar of Co-operative Societies, Kilpauk, Chennai-10.

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The Deputy Registrar of Co-operative Societies, Kumbakonam Circle, Tanjavur District.

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The Special Officer,
Z-314, Devarayanpettai Primary
Agricultural Co-operative Bank Ltd.,
Ponmanmaintha Nallur,
Papanasam Taluk,
Tanjavur District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari, calling for the entire records relating to the impugned order passed by the 3^rd respondent in his proceedings Na.Ka.No.Nil, dated 05.06.2004, and quash the same.

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For Petitioners : Mr.Prakasam

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For Respondents 1 & 2 : Mr.L.P.Shanmuga Sundaram

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For 3^rd Respondent : Mr.Gomathinayagam

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O R D E R

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According to the petitioner, he is working as Secretary in the 3^rd respondent society. The 3^rd respondent in order to arrive 12(3) settlement of Industrial Disputes Act, the pay scale of the petitioner society fixed time to time and the petitioner received the salary from the 3^rd respondent from 01.07.1997. The 3^rd respondent has passed the impugned order whereby reduced the salary and regulating the salary as per G.O.Ms.No.131 dated 04.06.1999.

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https://hcservices.ecourts.gov.in/hcservices/

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The learned counsel for the petitioner would submit that the Special Officer based on the impugned order without giving any opportunity to the petitioner and behind his back the impugned order was passed. Hence, on that ground he has filed the present writ petition.

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Admittedly, there is adjudicatory mechanism available under the Co-operative Societies Act itself. Any order passed by the Special Officer the appeal remedy is available in the Cooperative Societies Act. Without approaching the alternative appeal remedy available, the petitioner has approached this Court under Article 226 not maintainable. Hence, this writ petition is dismissed and the petitioner to workout the remedy before appropriate Forum.

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Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
ssn
To
1. The Registrar of Co-operative Societies,
Kilpauk,
Chennai-10.
2. The Deputy Registrar of Co-operative Societies,
Kumbakonam Circle,
Tanjavur District.
3. The Special Officer,
Z-314, Devarayanpettai Primary
Agricultural Co-operative Bank Ltd.,
Ponmanmaintha Nallur,
Papanasam Taluk,
Tanjavur District.
+1cc to the Government Pleader, S.R.No.48090
W.P.No.17665 of 2004
RJ(CO)
CS/11/08/17

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https://hcservices.ecourts.gov.in/hcservices/

P.Ramesh v. the Registrar of Co. Op

Case brief

What is this about?

What did the court decide?

P.Ramesh v. the Registrar of Co. Op

Case brief

What is this about?

What did the court decide?

What the court decided

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