Writ petition filed for directing repayment of matured fixed deposits. Court held Co-operative Society is not a State under Article 12 and alternative remedy exists. Petition dismissed as not maintainable.
Writ petition dismissed as not maintainable. Petitioner at liberty to approach the competent Forum.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2019
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM
W.P.No.37883 of 2004
S.Arokiasamy S/o.Jornes Reddy Power of Attorney Agent of
1.Sagily Inniah Amaldoss
2.S.A.Balammal
3.S.Pannerselvam
All are residing at George Street Kilacheri Village Tiruvallur Taluk & District. ..Petitioners Vs
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of mandamus, directing the 2nd respondent to repay the maturity value of the fixed deposits bearing Nos. F.D. No. 976, F.D.No. 977, F.D.No. 972, F.D.No.973 and F.D.No. 974 to the petitioners.
For Petitioner : Mr.G.Jeremiah
For Respondents : M/s.T.Girija,
Government Advocate ( Co-op)
O R D E R
The relief sought for in the present writ petition is for a direction to direct the 2nd respondent to repay the maturity value of the fixed deposits bearing Nos. F.D. No. 976, F.D.No. 977, F.D.No. 972, F.D.No.973 and F.D.No. 974 to the petitioners.
Sd/Assistant Registrar(CCC)
//True copy//
Sub Assistant Registrar
kak/kmm
To
3 issues framed by the court
Whether a writ petition filed for recovery of fixed deposit amounts is maintainable against a Co-operative Society registered under the Tamil Nadu Co-operative Societies Act.
Whether an alternative remedy is available under Section 90 of the Tamil Nadu Co-operative Society Act 1983 for the petitioner.
Whether a Co-operative Society is a 'State' within the meaning of Article 12 of the Constitution of India for the purposes of Article 226.
Colour shows how this judgement treated each authority
Marappan and others Vs. Deputy Registrar of Co-operative Societies, NamakkalRelied on¶21
2006 (4) CTC 689
2 provisions across 2 enactments
S.Arokiasamy
1.Sagily Inniah Amaldoss
2.S.A.Balammal
3.S.Pannerselvam
The Deputy Registrar of Co operative Societies Tiruvallur
The Special Officer Kilacheri Cooperative Agricutural Bank
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
