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2026 DAILYLAW 51752 (MAD)

Krishnasamy v. The Joint Registrar of Co-operative Societies

WP(MD)/19610/2026 · 2026-07-13

Mummineni Sudheer Kumar

Transfer Petitionbody2026

Judgment text

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W.P(MD) No.19610 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.07.2026 CORAM THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P(MD) No.19610 of 2026 Krishnasamy ... Petitioner Vs. 1.The Joint Registrar of Co-Operative Societies, Ramanathapuram Region, Ramanathapuram District. 2.The Deputy Registrar of Co-operative Societies, Ramanathapuram Circle, Ramanathapuram. 3.The Administrator, Q.1236 Sevalpatti Primary Agricultural Co-operative Credit Society, Sevalpatti, Kadaladi Taluk, Ramanathapuram District. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to 1/6 https://www.mhc.tn.gov.in/judis W.P(MD) No.19610 of 2026 call for the records in the impugned communication in Se.Mu.Order No.1 dated 30.04.2025 on the file of the 3rd respondent and quash the same as illegal in respect of not allowing the petitioner to retire from service and consequently, directing the respondents to settle a sum of Rs.5,07,946/- towards gratuity Rs.2,30,367/- towards provident fund benefit and Rs.2,40,000/- towards earned leave salary along with interest at the rate of 12 % per annum. For Petitioner : Mr.S.Kumar For Respondents : Mr.C.Jeganathan Counsel for Government of Tamil Nadu ORDER This writ petition has been filed aggrieved by the proceedings in Se.Mu.Order No.1 dated 30.04.2025 issued by the 3rd respondent society to withhold the terminal benefits of the petitioner. 2. The 3rd respondent being a Society registered under Tamil Nadu Co-operative Societies Act,1983 is not a State within the meaning 2/6 https://www.mhc.tn.gov.in/judis W.P(MD) No.19610 of 2026 of Article 12 of the Constitution of India. A Full Bench decision of this Court in K.Marappan Vs. The Deputy Registrar of Co-operative Societies reported in 2006 (4) CTC 689 held that the writ petition under Article 226 Constitution of India is not maintainable against the Co- operative Society in the absence of violation of any statutory provisions or Rules thereunder. 3. In the instant case, there is no such allegation of violation of any of the statutory provisions or Rules made thereunder, so as to enable the petitioner to invoke this Court under Article 226 of the Constitution of India. Further, the petitioner is also having an alternate remedy of a revision under Section 153 of Act, 1983 before the Joint Registrar of Co-operative Societies, namely, respondent No.1 herein. 4. In the light of the above, this Court is not inclined to entertain this writ petition and accordingly, this writ petition is disposed of permitting the petitioner to avail the remedy of revision under Section 153 of Act, 1983 before the 1st respondent herein within a period of four 3/6 https://www.mhc.tn.gov.in/judis W.P(MD) No.19610 of 2026 weeks from the date of receipt of a copy of this order. In case, if any such revision is filed by the petitioner within the time stipulated above, the 1st respondent shall entertain the same without any reference to the period of limitation and pass orders on its own merits, as expeditiously as possible, at any rate, within a period of three weeks from the date of filing the revision petition by the petitioner. No costs. 13.07.2026 Index : Yes / No NCC : Yes / No rm 4/6 https://www.mhc.tn.gov.in/judis W.P(MD) No.19610 of 2026 To 1.The Joint Registrar of Co-Operative Societies, Ramanathapuram Region, Ramanathapuram District. 2.The Deputy Registrar of Co-operative Societies, Ramanathapuram Circle, Ramanathapuram. 3.The Administrator, Q.1236 Sevalpatti Primary Agricultural Co-operative Credit Society, Sevalpatti, Kadaladi Taluk, Ramanathapuram District. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD) No.19610 of 2026 MUMMINENI SUDHEER KUMAR , J. RM W.P(MD) No.19610 of 2026 13.07.2026 6/6 https://www.mhc.tn.gov.in/judis