The petitioner challenged a suspension order passed by the President of a Co-operative Credit Society. The single judge held that such proceedings against a co-operative society were not maintainable as a writ petition, noting the existence of an internal appeal mechanism.
Return of the impugned order to the writ petitioner; no costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2017
CORAM
THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM
W.P.No.20780 of 2017 and WMP.No.21620 of 2017
S.Santhanaraman ... Petitioner
Vs.
No.170, E.V.R.Periyar High Road,
4.Anbazagan ...Respondents
Prayer : Petition filed under Article 226 of The Constitution of India praying to issue a writ of Certiorarified Mandamus to call for the records relating to the impugned order of suspensionn passed by the 3rd respondent dated 29.07.2017 and quash the same as illegal, invalid and non-est in the eyes of the law and consequently, direct the respondents to restore the petitioner to his official position as the Secretary of the Society.
For Petitioner : Mr.R.Thiagarajan For Respondents : Mr.L.P.Shanmuga Sundaram, Special Government Pleader (Co-Operative)
ORDER
The order of suspension placing the writ petitioner under suspension vide proceedings dated 29.07.2017, is under challenge in this writ petition. The writ petitioner was holding the post of Secretary of the T-1344, Neetamangalam Primary Agricultural
Co-operative Credit Society Limited. On account of certain irregularities, disciplinary action was initiated against the writ petitioner and the writ petitioner was placed under suspension by the President of the above said Society. The Cooperative Society is an Association registered under the Tamil Nadu Co-Operative Societies Act, 2003. Thus, it is a state within the ambit of Article 12 of the Constitution of India. With regard to the maintainablity of the writ petition against the Co-operative Society, the Larger Bench of this Court, stated the legal principles, in the case of K.Marappan Vs. Deputy Registrar of Coperative societies, Namakkal Circle, Namakkal 636 001 and another reported in 2006 4 CTC 689.
W.P.No.20780 of 2017 and WMP.No.21620 of 2017 GN(10/08/2017)
2 issues framed by the court
Whether a writ petition challenging a suspension order passed by the President of a co-operative society is maintainable under Article 226 of the Constitution.
Whether an alternative remedy under Section 153 of the Tamil Nadu Co-operative Societies Act exists for the aggrieved writ petitioner.
Colour shows how this judgement treated each authority
S.Santhanaraman
The Registrar of C0-op. Societies, No.170, E.V.R.Periyar High Road, Kilpauk, Chennai 600 010
The Additional Registrar of Co-op. Societies (MPD), N.V.N.Natarajan Maligai, No.170, E.V.R.Periyar High Road, Kilpauk, Chennai 600 010
T-1344, Neetamangalam Primary Agricultural Co-Operative Credit Society Limited Rep.by its President, Neetamangalam, Thiruvarur District-614 404
Anbazagan
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
