The Writ Petitioner's husband Late R.Vijaya Kumar was an employee of the respondent-Co-operative Society and the order passed by the Managing Director of the Co-Operative Societies in proceedings dated 02.01.2015, is under challenge in this Writ Petition.
2.However, the remedy lies to the writ petitioners by way of Revision under section 153 of the Tamil Nadu Co-Operative Societies Act, to redress their grievances.
3.Co-operative Society is not a State within the meaning of
Article 12 of the Constitution of India. Accordingly, no writ will lie against the actions initiated by the Co-Operative Society. The said legal principle has already been decided by the Larger Bench of this Court in Marappan and others Vs. Deputy Registrar of Co-operative Societies, Namakkal reported in 2006 (4) CTC 689. Thus, it is left open to the writ petitioners to approach the competent authorities under section 153 of the Tamil Nadu Co-Operative Societies Act, to redress their grievances. In view of the fact that a mechanism is provided under the Tamil Nadu Co-operative Societies Act to redress the grievances of their employees and in view of the Larger Bench decision of this Court, no writ can be issued by exercising the power under
Article 226 of the Constitution of India. Thus, this Court is not inclined to consider the issues raised in the Writ Petition.
4.Accordingly, the Writ Petition stands dismissed as not maintainable. No costs. Consequently, connected Miscellaneous Petition stands closed.
21.09.2017 Index: Yes/No Internet: Yes/No rpa S.M.SUBRAMANIAM, J., rpa To The Join Registrar/Managing Director The Park Town Co-operative Wholesale Stores No.G-133, First Main Road Anna Nagar East Chennai 600 102.
W.P.No.30041 of 2016 21.09.2017