Dismissed

R.Dhayalan v. The Registrar of Cooperative

Madras HC11 Jul 2017WP/8567/2017

Case brief

AI extract

What is this about?

The petitioner challenged the suspension order passed against him by the Managing Director of a Consumer Co-operative Wholesale Store. The Court held that a Cooperative Society is not a 'State' under Article 12. Citing settled law, the Court declared the writ petition not maintainable and dismissed it, directing the petitioner to seek remedy under the Tamilnadu Co-operative Societies Act.

What did the court decide?

Writ petition dismissed as not maintainable. Consequently, connected miscellaneous petition closed.

R.Dhayalan Vs The Registrar of Cooperative — Service and Employment | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 11.07.2017

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CORAM

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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W.P.No.8567 of 2017 and W.M.P.No.9390 of 2017

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R.Dhayalan

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.. Petitioner

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The Registrar of Co-operative Societies, Poonamalle High Road, Kilpauk,

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Chennai 600 010.

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The Joint Registrar Co-operative Societies, Thiruvannamalai Region,

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Collectorate Building, Venkikal, Thiruvannamalai.

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The Deputy Registrar Co-operative Societies, Thiruvannamalai District, Collectorate Building, Venkikal, Thiruvannamalai.

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The Managing Director/Co-operative Sub Registrar, Thiruvannamalai District/Consumer Co-operative Whole Sale Store, Thiruvannamalai, Thiruvannamalai District. ... Respondents.

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PETITION filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certitiorari, calling for the records of the temporary suspension order dated 23.03.2017 in Na.Ka.No.0116/2017/E1 (3) by the fourth respondent and quash the same.

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For Petitioner : Mr.P.Sivamani

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The order impugned in this writ petition relating to the suspension of the writ petitioner and he is continuing under suspension on account of the initiation of disciplinary proceedings. The order of suspension dated 22.03.2017 was

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

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issued by the Managing Director of the fourth respondent – Consumer Co-operative Wholesale Store, Tiruvannamalai District.

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Co-operative Society is not a state under Article 12 of the Constitution of India and the maintainability of the writ petition is legally settled by the larger bench of this Honourable High Court in the case of K. MARAPPAN VS. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, NAMAKKAL reported in 2006 (4) CTC 689.

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In view of the settled legal principles the writ petition challenging the order of suspension passed by the Consumer Cooperative Wholesale Store, Tiruvannamalai District, cannot be entertained and it is for the writ petitioner to work out his remedy under the provisions of the Tamilnadu Co-operative Societies Act, 1983.

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In view of this matter, no further adjudication is
required and accordingly the writ petition stands dismissed as
not maintainable. However, no order as to costs. Consequently,
the connected miscellaneous petition is closed.
s/d-
Assistant Registrar(CO)
True Copy
Sub-Assistant Registrar
jer
To
1. The Registrar of Co-operative Societies,
Poonamalle High Road, Kilpauk,
Chennai 600 010.
2. The Joint Registrar Co-operative Societies,
Thiruvannamalai Region,
Collectorate Building, Venkikal,
Thiruvannamalai.
3. The Deputy Registrar Co-operative Societies,
Thiruvannamalai District,
Collectorate Building,
Venkikal, Thiruvannamalai.