The order of the second respondent, namely, the Arni Co-operative Town Bank Ltd., dated 30.09.2002 is under challenge in this writ petition.
2. On a perusal of the impugned order, the appointment of the Secretary in the second respondent Co-operative Bank is under question. The second respondent is a Co-operative Bank and the order, which is under challenge in this writ petition, was also issued by the second respondent, which is a Co-operative Bank. The second respondent Co-operative Bank is not a State within the meaning of
Article 12 of the Constitution of India and no writ will lie against the second respondent. The larger Bench of this Hon'ble Court laid down the legal principles in the case of Marappan Vs. Deputy Registrar of Co-operative Societies, Namakkal reported in 2006 (4) CTC 689 holding that no writ will lie against any Co-operative Societies which is not a State.
3. In view of the settled legal principles, the present writ petition is not maintainable. This apart, the writ petitioner has got a remedy under the provisions of the Tamil Nadu Co-operatives Act, and after exhausting the remedies provided under the Act, he can approach this Court under
Article 226 of Constitution of India. Such being the legal position settled by this Court, the present writ petition stands dismissed as not maintainable. However, no order as to costs. Consequently, connected miscellaneous petition is closed.