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Mr.N.Nallappan vs The President

Madras High Court|11 September, 2017

JUDGMENT / ORDER

The order of suspension issued by the respondent is under challenge in this writ petition.
2. On perusal of the order of suspension impugned in this writ petition, the same was issued by the President of the Primary Agricultural Co-operative Credit Societies, Irupaiyur. Thus, the order impugned is an order passed by the management of the Co-operative Society, which is not a State, within the meaning under Article 12 of the Constitution of India.
3. The legal principles in this regard was settled by a larger Bench of this Court in the case of K.Marappan vs. Deputy Registrar of Co-Operative Societies, Namakkal Circle, Namakkal [(2006) 4 CTC 689 (FB)]. Accordingly, that no writ can be entertained against the order passed by the management of the Co-operative Society and the remedy lies to the writ petitioner is to approach the competent authorities under the provisions of the Tamil Nadu Co-operative Societies Act and it is left open to the writ petitioner to exhaust the remedies available under the Act and thereafter move this Court under Article 226 of the Constitutio0n of India.
4. In this view of the matter, the grounds raised in this writ petition, cannot be adjudicated on merits. Accordingly, the writ petition stands dismissed as not maintainable. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed.
11-09-2017 Svn Index : Yes/No Speaking /Non-speaking order S.M.SUBRAMANIAM, J.
Svn W.P.No.39083 of 2015 11-09-2017
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Title

Mr.N.Nallappan vs The President

Court

Madras High Court

JudgmentDate
11 September, 2017