Petitioner challenged a revision order reinstating a society secretary, whose termination he opposed due to fund misappropriation. Court held petitioner was not an aggrieved party as the Society acted on its own, and lacking error in the impugned order, dismissed the petition.
Writ petition dismissed; connected M.P.s closed; no 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.
W.P.No.21152 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
W.P.No.21152 of 2014 and
M.P.Nos.1 and 2 of 2014
R.Tamizhkumaran
... Petitioner
Vs.
2.The Administrator, Kothapurinatham Primary Agricultural Co-op. Credit Society, Kothapurinatham, Puducherry-102.
3.K.Sadasivam. Secretary Kothapurinatham Primary Agricultural Co-op. Credit Society, Kothapurinatham, Puducherry-102.
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order dated
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03.12.2013 passed by the 1st respondent in his proceedings R.P.No.5 of 2013 and quash the same and consequently direct the respondents 1 and 2 to terminate the service of the 3rd respondent from the post of Secretary in the 2nd respondent society as per order passed by the Elected Board of Directors dated 07.10.2011.
For Petitioner : M/s.C.Prakasam : For Respondents (for R1) : M/s.Ramaswamy Meyyappan, GA CP (for R2 & R3) : Mr.R.Sreedhar
O R D E R
Taking exception to the order passed by the 1st respondent, in
R.P.No.5 of 2013 in and by which the 1st respondent had reinstated
the 3rd respondent into the 2nd respondent society, the petitioner is
before this Court.
working as a Secretary in the 2nd respondent society where the petitioner is working as a Junior Assistant. The 3rd respondent was suspended by an order dated 07.02.2011 for committing irregularities
including misappropriation of funds of the 2nd respondent Society.
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fresh disciplinary action against the 3rd respondent. It is challenging this order that the petitioner is before this Court.
which is the aggrieved party. The proceedings had not been initiated
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against the 3rd respondent at the behest of the petitioner herein. In case the proceedings had been initiated at his behest he could be termed an aggrieved party. The petitioner has also not been able to state as to how the impugned order passed by the 1st respondent is erroneous.
26.06.2024
(shr) Index : Yes/No
Speaking Order: Yes/No Neutral Citation : Yes/No
To
2.The Administrator, Kothapurinatham Primary Agricultural Co-op. Credit Society, Kothapurinatham, Puducherry-102.
3.K.Sadasivam. Secretary
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Kothapurinatham Primary Agricultural Co-op. Credit Society, Kothapurinatham, Puducherry-102.
P.T. ASHA. J., (shr)
W.P.No.21152 of 2014 and M.P.Nos.1 and 2 of 2014
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26.06.2024
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2 issues framed by the court
Whether the petitioner is an aggrieved party entitled to file a writ petition to quash the order reinstating the respondent
Whether the petitioner has established that the impugned order passed by the Registrar is erroneous
R. Tamizhkumaran
The Registrar of Co-operative Societies, Puducherry
The Administrator, Kothapurinatham Primary Agricultural Co-op. Credit Society
K. Sadasivam
Pt. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
