Madras High Court
S.Velu vs The Joint Registrar Of Co-Operative ... on 9 October, 2017
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :09.10.2017
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P. No.5261 of 2014 &
M.P.Nos. 1 & 2 of 2014
S.Velu [ PETITIONER ]
Vs
1 The Joint Registrar of Co-Operative Societies
Tiruvannamalai
Tiruvannamalai District.
2.The Deputy Registrar of Co-Operative Societies
Cheyyar 604 407
Tiruvnnamalai District
3.HH 556, Kolappaur Primary Agricultural
Co-operative Credit Society
Rep. by its President
Kolappalur, Vandavasi Taluk
Tiruvannamalai District. [RESPONDENTS]
PRAYER : Petition filed Under Article 226 of the Constitution of India to issue of Writ of Certiorari, to call for the records relating to the order of the second respondent dated 04.02.2014 in Na.Ka.4106/2013, Tho.Ve.Koo.Ka.Sa(2) and quash the same.
For Petitioner : Mr.K.Selvaraj
For Respondents : Mr.L.P.Shanmugasundaram
Spl.Govt.Pleader
O R D E R
The internal communication sent by the Deputy Registrar of Co-Operative Societies to the President of the third respondent Co-Operative Credit Society, is under challenge in this Writ Petition.
2.On a perusal of the order impugned in this Writ Petition, it is clear that the Deputy Registrar of Co-Operative Societies, who is the competent authority under the provisions of the Tamil Nadu Co-Operative Societies Act (in short as 'the Act'), issued instructions to the President of the third respondent Co-operative Credit Society to initiate appropriate action against the service conditions of the writ petitioner. However, the order states that the action initiated against the writ petitioner ought to have been communicated to the Deputy Registrar, within a period of three days.
3.The learned counsel appearing for the writ petitioner submits that pursuant to the internal communication issued by the Deputy Registrar in proceedings dated 04.02.2014, no further order has been issued to the writ petitioner. Thus, the writ petitioner has come forward with this Writ Petition, challenging the aforesaid proceedings dated 04.02.2014.
4.In this regard, the powers of the Registrar under the provisions of the Act has been delegated to the Joint Registrars and the Deputy Registrars of the Co-Operative Societies by way of Notification issued under the Act. Thus, the internal communications or instructions issued by the Registrar in this regard to the Management of the Co-Operative Society or to its subordinates will not confer any cause for the writ petitioner to move the writ petition. Such an internal communication challenged by way of writ petition is only to circumvent the Judgement of the Larger Bench decision of this Court in respect of the maintainability of the Writ Petition. The settled legal principles in this regard is that no writ can be entertained against the orders passed by the Management of the Societies and the remedies lies under the provisions of the Act. The Larger Bench decision of this Court in Marappan and others Vs. Deputy Registrar of Co-operative Societies, Namakkal reported in 2006 (4) CTC 689, categorically states that the employees of the Co-Operative Societies cannot approach this Court in respect of their service matters, in view of the fact that Co-operative Society is not a State, within the meaning of Article 12 of the Constitution of India and it is left open to the writ petitioner to approach the competent authorities under section 153 of the Tamil Nadu Co-Operative Societies Act, to redress his grievances in accordance with law. In this view of the matter, no further adjudication is required to be considered in this Writ Petition.
Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
09.10.2017 rpa To 1 The Joint Registrar of Co-Operative Societies Tiruvannamalai Tiruvannamalai District.
2.The Deputy Registrar of Co-Operative Societies Cheyyar 604 407 Tiruvnnamalai District
3.HH 556, Kolappaur Primary Agricultural Co-operative Credit Society Rep. by its President Kolappalur, Vandavasi Taluk Tiruvannamalai District.
S.M.SUBRAMANIAM,J.
Rpa W.P. No. 5261 of 2014 09.10.2017