IN THE HIGH COURT JUDICATURE AT MADRAS DATED : 28.01.2010 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.No.7211 of 2007 R.Munisamy ...Petitioner Vs. 1.The Chairman and Joint Registrar of Co-operative Societies, Common Cadre Services Committee, Vellore District, Vellore. 2.The Special Officer, C-2553 Komeswaram Primary Agricultural Co-operative Bank, Komeswaram, Gangapuram PO, Vellore District. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of certiorari, calling for the records relating to the impugned order in Na.Ka.No.13427/04/Aa.1 dated 23.12.2006 of the first respondent and quash the same. For Petitioner : Mr.W.M.Abdul Majeed For Respondents : Mrs.C.K.Vishnupriya,A.G.P. for R1 Mr.P.S.Sivashanmugasundaram for R2 O R D E R The petitioner was the Secretary of the second respondent Co- operative Society. The petitioner's post comes under the Common Cadre Employment. An enquiry was conducted against the petitioner by Common Cadre Authority. Subsequently, by an order dated 23.12.2006, the petitioner was dismissed from service. The petitioner has come forward to challenge the said order. 2. The writ petition was admitted on 20.03.2007. Pending the writ petition, this Court refused to grant any interim order. The first respondent has filed a counter affidavit dated 15.06.2007. 3. A preliminary objection was taken with reference to the maintainability of the writ petition in the light of a larger Bench judgment of this Court in K.Marappan Vs. The Deputy Registrar https://hcservices.ecourts.gov.in/hcservices/ of Cooperative Societies, Namakkal Circle, Namakkal and another reported in (2006 (4) CTC 689). 4. The petitioner states that he belonged to the common cadre and since common cadre authority is a functionary of the state Government, the writ petition will lie. But however, a perusal of Section 75(5)(b) of the Tamil Nadu Co-operative Societies Act, 1983 shows that aggrieved by an order passed by common cadre authority, a regular appeal lies to the Registrar and that Registrar has power to pass even an interim order in terms of the second proviso to Section 75(5(b). 5. In the light of the above, the writ petition stands dismissed. No costs. However, this will not prevent the petitioner from moving the appellate authority in the manner known to law. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar svki To 1.The Chairman and Joint Registrar of Co-operative Societies, Common Cadre Services Committee, Vellore District, Vellore. 2.The Special Officer, C-2553 Komeswaram Primary Agricultural Co-operative Bank, Komeswaram, Gangapuram PO, Vellore District. 1 cc To Mr.W.M.Abdul Majeed, Advocate, SR.5569 1 CC to the Government Pleader SR NO 5133 W.P.No.7211 of 2007 SSK(CO) sra 08.02.2010 https://hcservices.ecourts.gov.in/hcservices/