The petitioner sought a writ to quash an order cancelling an enquiry report and for reinstatement. The Court held the remedy lies under the Tamil Nadu Co-operative Societies Act via revision, dismissing the writ petition as not maintainable.
The writ petition was dismissed as not maintainable with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2018 CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.10215 of 2011
M.Muniyasamy ... Petitioner
Vs.
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining the proceedings of the 2nd respondent dated 22.07.2011 and quash the same consequently directing the 2nd respondent to reinstate the petitioner.
For Petitioner : Mr.S.M.Mohan Gandhi For R1 : Mr.M.Muthu Additional Government Pleader.
O R D E R
The order passed by the second respondent dated 22.07.2011 is under challenge in this writ petition.
2.The impugned order dated 22.07.2011 issued by the Special Officer of Co-operative Societies, Thoothukudi, states that the enquiry report submitted by the enquiry officer on 14.03.2011 is cancelled. The cancellation of enquiry report was done by the Special Officer, who is the Disciplinary Authority, Co-operative Societies registered under the provisions of the Tamil Nadu Cooperative Societies Act, within the meaning of under Article 12 of the Constitution of India. The remedy lies to the employees of the Co-operative Societies under the provisions of the Tamil Nadu Co-operative Societies Act. The legal principles in this regard are settled by the Hon'ble Division Bench of this Court in the case of Marappan Vs. The Deputy Registrar of Co-operative Societies, Namakkal reported in 2006 (4) CTC 689. Thus, the writ petitioner has to approach the competent authority under the https://hcservices.ecourts.gov.in/hcservices/ provisions of Tamil Nadu Co-operative Societies Act, more specifically, by way of a revision petition. The writ petitioner
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is at liberty to approach the appropriate authorities in the manner known to law.
3.In this view of the matter no further adjudication is required in this writ petition. Accordingly, the writ petition stands dismissed as not maintainable. However, there shall be no order as to costs.
Sd/-
Assistant Registrar(T&P)
/True Copy/
Sub Assistant Registrar
To
The Joint Registrar of Co-operative Societies, Thoothukudi Region, Thoothukudi.
+1cc to Spl.Government Pleader Sr.No.47284
MM
VB/SKN/RSK/SAR4/22.02.2018/2P/3C
W.P.(MD)No.10215 of 2011
06.02.2018
1 issue framed by the court
Whether a writ petition under Article 226 is maintainable against an order cancelling an enquiry report by the Special Officer of Co-operative Societies.
Colour shows how this judgement treated each authority
Marappan Vs. The Deputy Registrar of Co-operative Societies, NamakkalRelied on¶13
Marappan Vs. The Deputy Registrar of Co-operative Societies, Namakkal reported in 2006 (4) CTC 689.
2 provisions across 2 enactments
M.Muniyasamy
The Joint Registrar of Co-operative Societies, Thoothukudi Region
The Special Officer, 0.1020 Tuticorin Co-operative Stores Ltd.
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
