Dismissed¶40

V.Sankaran, (PRESIDENT,E.E.427 v. the Registrar of Co-Operative

Madras HC19 Jun 2025WP(MD)/3911/2019

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; W.P.(MD).No.3911 of 2019; decided 19.06.2025 by K. Rajasekar, J.; Singaneri Primary Agricultural Cooperative Credit Society; suspension of Secretary S.Appu by Society President; Disciplinary Action Review Committee; Registrar letter dated 09.02.2018; Section 136-D Tamil Nadu Cooperative Societies Act; Deputy Registrar, Cheranmahadevi Circle; Joint Registrar, Tirunelveli Region; certiorari under Article 226; prematurity and maintainability of writ; writ dismissed with liberty to file explanation; no cases cited.

What did the court decide?

Writ Petition dismissed with liberty to the petitioner to submit his explanation as demanded in the impugned proceedings; no order as to costs; connected miscellaneous petition closed. ¶40

V.Sankaran, (PRESIDENT,E.E.427 Vs the Registrar of… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ Petition dismissed with liberty to the petitioner to submit his explanation as demanded in the impugned proceedings; no order as to costs; connected miscellaneous petition closed.

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Issue for consideration

Whether the writ petition challenging the communication dated 30.01.2019 calling for remarks regarding the suspension/disciplinary action against the Society's Secretary is maintainable at this stage, or is premature. +2 more

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Court's answer

The writ petition is premature and not maintainable at this stage, as the petitioner approached the Court without submitting his explanation or claiming any immunity from answering, if available.

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Ratio / Principle

Calling upon the petitioner to furnish all details including remarks regarding his action of suspending the Secretary is well within the powers of the Deputy Registrar; the impugned communication was issued only for the purpose of placing the matter before the Disciplinary Action Review Committee, even though the letter stated the petitioner's actions were somehow invalid.

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Key takeaways

Since it was stated before the Court that the petitioner's tenure as President is over and he need not answer for the issue, the Deputy Registrar may consider this point and, if necessary, is permitted to issue fresh proceedings.ratio¶40

Detailed headnote1 paragraphs

Certiorari under Article 226 against a communication dated 30.01.2019 (Na.Ka.No.298/19 Tho.Ve.Sa.) of the Deputy Registrar calling for remarks from the President of Singaneri Primary Agricultural Cooperative Credit Society regarding disciplinary action and suspension of the Society's Secretary: Held, per the Registrar's letter dated 09.02.2018 all disciplinary actions taken against employees shall be placed before the Disciplinary Action Review Committee formed to protect employees' interests and prevent victimization; calling upon the petitioner to furnish details and remarks was well within the Deputy Registrar's powers and the communication was issued only to place the matter before that Committee; the petition, filed without submitting any explanation or claiming available immunity, was premature and not maintainable at that stage; writ petition dismissed with liberty to submit explanation, no costs, connected miscellaneous petition closed; the point that the petitioner's tenure as President is over and he need not answer may be considered by the Deputy Registrar, who may issue fresh proceedings if necessary.

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W.P.(MD).No.3911 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 19.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.P.(MD).No.3911 of 2019 and W.M.P.(MD).No.3040 of 2019

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V.Sankaran, (President, E.E.427, Singaneri Primary Agricultural Cooperative Credit Society), 121, Mela Street, Singaneri – 627108, Nanguneri Taluk, Tirunelveli District.

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.. Petitioner

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Vs.

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1.The Registrar of Co-operative Societies, No.170, E.V.R. Periyar High Road, Kilpauk, Chennai - 600 010.

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(R-1 is deleted vide Court order dated 12.06.2025 in W.M.P.(MD).No.1259 of 2021 in W.P.(MD).No.3911 of 2019)

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2.The Joint Registrar of Cooperative Societies, Tirunelveli Region, Sarva Gnaniyar Street, Convent Road, Palayamkottai, Tirunelveli District.

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3.The Deputy Registrar of Cooperative Societies, Cheranmahadevi Circle, 18-B, Sannathi Street, Cheranmahadevi - 627414, Ambasamudram Taluk, Tirunelveli District.

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.. Respondents

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.3911 of 2019

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, to call for the records in pursuant of impugned order in Na.Ka.No.298/19 Tho.Ve.Sa. dated 30.01.2019 issued by the 2^nd respondent and quash the same.

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For Petitioner : Mr.D.Selvanayagam

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For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

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ORDER

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The Writ Petition is filed challenging the communication of the second respondent in Na.Ka.No.298/19 Tho.Ve.Sa. Dated 30.01.2019, wherein, the Deputy Registrar has called for certain remarks from the writ petitioner herein regarding disciplinary action initiated against the Secretary of the Cooperative Society.

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The impugned proceedings shows that the petitioner herein, while acting as a President of the Cooperative Society, namely, Singaneri Primary Agricultural Cooperative Credit Society, initiated disciplinary proceedings against the then Secretary, S.Appu. It also shows that the Deputy Registrar has called for remarks for the suspension ordered by the President for the purpose of placing the matter of the Secretary before the Disciplinary Action Review Committee. The letter further reads that this Committee has been formed for the

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.3911 of 2019

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purpose of protecting the interest of the employees and other persons involved in the affairs of the Cooperative Society.

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The learned counsel for the petitioner submits that the petitioner is protected under Section 136-D and other provisions of the Tamil Nadu Cooperative Societies Act. He is also entitled to take disciplinary proceedings against various persons including the then Secretary and for the purpose of victimizing the petitioner, the impugned proceedings have been issued. Hence, the same is liable to be set aside.

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Per contra, the learned Additional Government Pleader appearing for the respondents submits that it is only a communication sent to the petitioner to give certain particulars and also to intimate that his action of suspending the Secretary is not proper and the proper authority to decide the suspension or any disciplinary proceedings is the Disciplinary Action Review Committee. The petitioner can send the reply stating all his defences including the immunity as claimed by him and at this stage, quashing this letter is not necessary.

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I have considered the submissions made on both sides and perused the materials available on record.

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.3911 of 2019

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On careful perusal of the impugned proceedings, it is categorically stated that if any employee is suspended or any disciplinary proceedings were initiated, the same shall be subjected to the Disciplinary Action Review Committee of the particular District so as to safeguard the interest of the employee and to prevent victimization. In this case, the petitioner herein, while serving as a President, has suspended the Secretary of the Society. The impugned proceedings shows that as per the letter issued by the Registrar dated 09.02.2018, all the disciplinary actions taken against the employees shall be placed before the Disciplinary Action Review Committee. Under the said circumstances, calling upon the petitioner to furnish all the details including the remarks regarding the petitioner's action for suspending the Secretary, is well within the powers of the Deputy Registrar and this impugned communication is also issued only for the purpose of placing the matter before the Disciplinary Action Review Committee. Though, in the letter, it has been stated that the actions of the petitioner is somehow invalid, the Deputy Registrar is asking him to submit a report for the purpose of placing the matter before the Committee and also for further proceedings.

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The petitioner herein, without submitting his explanation or claiming any immunity from answering, if available, has approached this Court and this

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.3911 of 2019

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Court is of the view that the same is premature and the Writ Petition is not maintainable at this stage.

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Accordingly, the Writ Petition stands dismissed with liberty to the petitioner to submit his explanation as demanded in the impugned proceedings. It is also stated before this Court that the tenure of the President is over and he need not answer for this issue. This point may also be considered by the Deputy Registrar and if necessary, he is permitted to issue fresh proceedings in this regard. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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19.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

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1.The Joint Registrar of Cooperative Societies, Tirunelveli Region, Sarva Gnaniyar Street, Convent Road, Palayamkottai, Tirunelveli District.

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2.The Deputy Registrar of Cooperative Societies, Cheranmahadevi Circle, 18-B, Sannathi Street, Cheranmahadevi - 627414, Ambasamudram Taluk, Tirunelveli District.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.3911 of 2019

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K.RAJASEKAR,J.

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W.P.(MD).No.3911 of 2019

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