Dismissed

J.Rajendran v. The Registrar of

Madras HC7 Jul 2017WP/9033/2017

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus directing a cooperative credit society to pay terminal benefits. The court held that a cooperative society is not a 'State' under Article 12, rendering the petition non-maintainable in this forum, with grievances to be addressed under the Tamil Nadu Co-operative Societies Act.

What did the court decide?

Writ petition dismissed as not maintainable. No order as to costs.

J.Rajendran Vs The Registrar of — Cooperative Societies | 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 S.M.SUBRAMANIAM

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W.P.No.9033 of 2017

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J.Rajendran ... Petitioner
Vs.
1.The Registrar of Co-operative Societies,
Poonamallee High Road, Chennai.
2.The Joint Registrar,
Office of the Co-operative Societies,
Nagapattinam
3.The Management,
T.549 Memathur Primary Agricultural
Co-operative Credit Society Limited,
Nadu Street, Keezhmathur,
Memathur Post,
Tranqubar Taluk,
Nagapattinam District. ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of MANDAMUS, directing the respondent (i.e.) Management , T.549 Memathur Primary Agricultural Co-operative Credit Society Ltd., Nagapattinam, to pay the terminal benefits of the petitioner.

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For Petitioners : Mr.G.K.R.Pandian
For Respondents : Mr.L.P.Shanmugasundaram
Special Government Pleader
* * * * *
O R D E R

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Heard Mr.G.K.R.Pandian, learned counsel appearing for the petitioner and Mr.L.P.Shanmugasundaram, learned Special Government Pleader appearing for the respondents. With the consent of the learned counsel appearing on either side, the

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

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Writ Petition is taken up for final disposal at the admission stage.

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2.The relief sought for in the writ petition is for a direction to respondent management T.549 Memathur Primary Agricultural Co-operative Credit Society, to pay the terminal benefits of the writ petitioner.

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3.Since the reliefs in this writ petition is sought for against the Co-operative Societies which is not a State with the meaning of Article 12 of the Constitution of India. The legal principle in this regard was settled by the Larger Bench of this Court in the case of Marappan and others Vs. Deputy Registrar of Co-operative Societies, Namakkal reported in 2006 (4) CTC 689. It is left open to the petitioner to redress this grievances under the mechanism provided under the provisions of the Tamil Nadu Co-operative Societies Act, 1983.

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4.In this view of the matter the writ petition cannot be entertained and accordingly, the Writ Petition stands dismissed as not maintainable. However, no order as to costs.

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Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
ah/rpa
To
1.The Registrar of Co-operative Societies,
Poonamallee High Road, Chennai.
2.The Joint Registrar,
Office of the Co-operative Societies,
Nagapattinam

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

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3.The Management,

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T.549 Memathur Primary Agricultural Co-operative Credit Society Limited, Nadu Street, Keezhmathur, Memathur Post, Tranqubar Taluk, Nagapattinam District.

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+1 cc to Mr.L.P.Shanmugasundaram Advocate sr 47824
+1 cc to the Government Pleader sr48093
W.P.No.9033 of 2017
ev(co)
aa24/07/2017

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

J.Rajendran v. The Registrar of

Case brief

What is this about?

What did the court decide?

J.Rajendran v. The Registrar of

Case brief

What is this about?

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