1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)Nos.1639, 1704, 3378, 4662, 5617 and 6246 of 2011 and M.P.(MD)Nos.1,1,2,3,1,2,1,2,1,2,1 and 2 of 2011 W.P.(MD)No.1639 of 2011 : M.Shanmugapriya .. Petitioner Vs. The Special Officer, S.P.S.P.L.125, Inam Kasirettiapatti Primary Agricultural Cooperative Society, Inam Kasirettiapatti Village, Virudhunagar Taluk Virudhunagar District. .. Respondent W.P.(MD)No.1704 of 2011 : S.Maruthaya .. Petitioner Vs. 1.The Joint Registrar of Cooperative Societies, Tiruchirapalli Region, Multi Storage Building, Kajamalai, Tiruchirapalli. 2.The Deputy Registrar of Cooperative Societies, Tiruchirapalli Circle, Multi Storage Building, Kajamalai, Tiruchirapalli. 3.The Cooperative Sub Registrar / Special Officer, Sri Ranganatha Swami Etc., Devasthanam Employees” Cooperative Stores Ltd. R.1564, No.116,South Chithirai Street, Srirangam, Tiruchirapalli. 4.The Domestic Enquiry Officer, Sri Ranganatha Swami Etc., Devasthanam Employees' Cooperative Stores Ltd. - R.1564, No.21-B,Sahunthalam, Gokulam Garden, K.Mettutheru, Uraiyur, Tiruchirapalli. .. Respondents W.P.(MD)No.3378 of 2011 : Muthupandian .. Petitioner Vs. 1.The Registrar of Cooperative Societies, N.V.Natarajan Maligai, Kilpauk, Chennai-10. 2.The Deputy Registrar of Cooperative Societies, Madurai District Central Cooperative Bank, https://hcservices.ecourts.gov.in/hcservices/ 2 Madurai. 3.The Liquidator, Madurai Urban Cooperative Bank Ltd., 32,Naicker New Street, Madurai-625 001. .. Respondents W.P.(MD)No.4662 of 2011 : P.Ramesh .. Petitioner Vs. 1.The Registrar, Cooperative Societies, N.V.R.Natarajan Maaligai, Kilpauk, Chennai. 2.The Special Officer, Z-314, Devarayanpettai Primary Agriculture Credit Society, Ponmanmeinthanallur, Papanasam Taluk, Thanjavur District. .. Respondents W.P.(MD)No.5617 of 2011 : N.Banumathi .. Petitioner Vs. 1.The Deputy Registrar, Cooperative Societies, Pattukkottai. Thanjavur District. 2.The Secretary, TA63,Chockanathapuram Primary Agricultural Coop Credit Society, Pattukottai Taluk Thanjavur District. 3.The Special Officer, TA63, Chockanathapuram Primary Agricultural Coop Credit Society, Pattukkottai Taluk, Thanjavur District. 4.The Inspector of Police, Athirampattinam Police Station, Thanjavur District. .. Respondents W.P.(MD)No.6246 of 2011 : K.Gurusamy .. Petitioner Vs. 1.The Deputy Registrar of Cooperative Societies, Aruppukkottai, Virudhunagar District. 2.The Territorial Inspector/Sale Officer, Office of the Deputy Registrar of https://hcservices.ecourts.gov.in/hcservices/ 3 Cooperative Societies, Aruppukkottai, Virudhunagar District. .. Respondents W.P.No.1639 of 2011 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the respondent to permit the petitioner to verify the records of his office, daily sale register from April, 2007 to November, 2010, Cash Book, Stock Register, Liability Register, Goods delivered report (delivered to the respondent's society), Audit report from 2006 to 2010 which are available in the respondent office. W.P.No.1704 of 2011 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the entire records pertaining to the domestic enquiry report dated 27.01.2011 given by the fourth respondent as well as its consequential notice dated 29.1.2011 issued by the third respondent and quash the same and consequently to direct the first respondent to appoint some other domestic enquiry officer apart from the fourth respondent in connection with the charge memo dated 01.03.2010 issued by the third respondent for further proceedings if so required. W.P.No.3378 of 2011 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records in CEP 135/10-11 dated 17.02.2011 passed by the second respondent and quash the same. W.P.No.4662 of 2011 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records pertaining to the impugned order passed by the second respondent dated 23.6.2010 and quash the same as illegal and arbitrary and consequently to direct the respondents to reinstate the petitioner to service. W.P.No.5617 of 2011 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records of the first respondent by his proceedings in C.E.P.No.01/2011-12 and A.R.C.No.01/2011-12, dated 28.4.2011 and quash the same and to direct the first respondent to pay all pensionary benefits. W.P.No.6246 of 2011 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records relating to the attachment order dated 31.5.2011 issued by the second respondent and quash the same. For Petitioners : Mr.P.Santhanakrishnan in W.P.(MD)No.1639 of 2011 Mr.S.Madhan Kumar in W.P(MD).No.1704 of 2011 Ms.K.Elil Selvi in W.P.(MD)No.3378 of 2011 Mr.K.Baalasundharam in W.P.(MD)No.4662 of 2011 Mr.K.P.S.Palanivelrajan in W.P.(MD)No.5617 of 2011 Mr.V.Perumal in W.P.(MD)No.6246 of 2011 https://hcservices.ecourts.gov.in/hcservices/ 4 For Respondents : Mr.T.Ravichandran in W.P.No.1639 of 2011 Mr.K.M.Vijayakumar for R-3 in W.P.(MD)No.1704 of 2011 Mr.T.Lajapathy Roy for RR 1 to 3 in W.P(MD).No.3378 of 2011 Mr.T.R.Janardhanan for R 2 in W.P.(MD)No.4662 of 2011 Mr.M.Govindan, Spl.G.P. for R-3 in W.P.(MD)No.5617 of 2011 Mr.M.Govindan, Spl.G.P. In W.P.(MD)No.6246 of 2011 COMMON ORDER Even though a Larger Bench of this court in K.Marappan's case and the other three Full Benches of this Court having been held that such writ petitions are not maintainable, the parties continue to file cases against cooperative societies. Therefore, it is necessary to restate the law all over again before dealing with the issues raised in them. 2.These matters are yet to be admitted and only notices were ordered. Hence they were grouped together under the caption writ petitions relating to cooperative societies. 3.Heard both sides. The following table will show the number of the writ petitions, name of the petitioners, designation and the relief claimed : W.P.(MD) No Name of the petitioner Designation Relief claimed 1639/2011 M.Shanmugapriya Saleswoman Demand for records 1704/2011 S.Maruthaya Secretary Quash the domestic enquiry report and to appoint some other domestic enquiry officer 3378/2011 Muthupandian Borrower Auction notice without challenging the order fixing liability 4662/2011 P.Ramesh Secretary Quash the order of suspension 5617/2011 N.Banumathi Wife of the deceased employee Distraint proceedings under S.167 of the T.N.Coop Societies Act. 6246/2011 K.Gurusamy Cotton purchaser Distraint proceedings 4.It must be noted that a Larger Bench of this court in K.Marappan Vs. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal-636 001 and another reported in 2006 (4) CTC 689 had held that a writ petition will not lie against a Cooperative Society even if they are headed by a Special Officer appointed by the Act of State Legislature. 5.In cases where suspensions are attacked on the ground that orders of suspension do not specify the period of suspension in terms of https://hcservices.ecourts.gov.in/hcservices/ 5 Section 76(1) of the Act, a Full Bench of this court in A.S.Subramani Vs. Deputy Registrar of Cooperative Societies, Tindivanam Region reported in 2006 (4) CTC 444, negatived such a claim and rejected the contentions made in this regard. 6.In cases if there were denial of subsistence allowance or termination, arguments were made on the ground that it would amount to deprivation of livelihood which is akin to deprivation of liberty and thus such deprivations are protected under Article 21 of the Constitution of India. Therefore, in such cases, maintainability of writ petitions is not in doubt. Even that issue came to be considered by a subsequent Full Bench in T.K.Ananda Sayanan Vs. Joint Registrar of Cooperative Societies, Vellore Region reported in 2007 (5) CTC 1. In that case, rejecting the contentions based on Article 21, the Full Bench held that Marappan's case (cited supra) squarely covers even those cases and aggrieved persons will have to find their remedies either under the provisions of the Act or under any other enactments applicable to such employees. 7.Thereafter, in cases where terminations were sought to be made on grounds that appointments were either irregular or due to lack of qualifications, certain groups of writ petitions came to be filed stating that the Government had taken a policy decision to absorb such employees and till such time, the court must give protective orders. Even those cases came to be rejected by a Full Bench of this court in R.Radhakrishnan Vs. Deputy Registrar of Cooperative Societies, Dindigul reported in 2007 (4) LLN 868. 8.In the light of the above, W.P.(MD)Nos.1639, 1704 and 4662 of 2011 are not maintainable. In other writ petitions, i.e. W.P.(MD) Nos.3378, 5617 and 6246 of 2011 filed as against the distraint proceedings, admittedly in these proceedings, no appeal was filed against fixing liability on them. Even as against the proceedings initiated under Section 167, an appeal lies to the Cooperative Tribunal under Section 152. In view of the above, these three writ petitions are also liable to be dismissed. 9.In the light of the above, all the six writ petitions will stand dismissed. No costs. Consequently connected miscellaneous petitions stand closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar(CS) To 1.The Special Officer, S.P.S.P.L.125, Inam Kasirettiapatti Primary Agricultural Cooperative Society, Inam Kasirettiapatti Village, Virudhunagar Taluk Virudhunagar District. https://hcservices.ecourts.gov.in/hcservices/ 6 2.The Joint Registrar of Cooperative Societies, Tiruchirapalli Region, Multi Storage Building, Kajamalai, Tiruchirapalli. 3.The Deputy Registrar of Cooperative Societies, Tiruchirapalli Circle, Multi Storage Building, Kajamalai, Tiruchirapalli. 4.The Cooperative Sub Registrar / Special Officer, Sri Ranganatha Swami Etc., Devasthanam Employees” Cooperative Stores Ltd. R.1564, No.116,South Chithirai Street, Srirangam, Tiruchirapalli. 5.The Domestic Enquiry Officer, Sri Ranganatha Swami Etc., Devasthanam Employees' Cooperative Stores Ltd. - R.1564, No.21-B,Sahunthalam, Gokulam Garden, K.Mettutheru, Uraiyur, Tiruchirapalli. 6.The Registrar of Cooperative Societies, N.V.Natarajan Maligai, Kilpauk, Chennai-10. 7.The Deputy Registrar of Cooperative Societies, Madurai District Central Cooperative Bank, Madurai. 8.The Liquidator, Madurai Urban Cooperative Bank Ltd., 32,Naicker New Street, Madurai-625 001. 9.The Special Officer, Z-314, Devarayanpettai Primary Agriculture Credit Society, Ponmanmeinthanallur, Papanasam Taluk, Thanjavur District. 10.The Deputy Registrar, Cooperative Societies, Pattukkottai. Thanjavur District. https://hcservices.ecourts.gov.in/hcservices/ 7 11.The Secretary, TA63,Chockanathapuram Primary Agricultural Coop Credit Society, Pattukottai Taluk Thanjavur District. 12.The Special Officer, TA63, Chockanathapuram Primary Agricultural Coop Credit Society, Pattukkottai Taluk, Thanjavur District. 13.The Inspector of Police, Athirampattinam Police Station, Thanjavur District. 14.The Deputy Registrar of Cooperative Societies, Aruppukkottai, Virudhunagar District. 15.The Territorial Inspector/Sale Officer, Office of the Deputy Registrar of Cooperative Societies, Aruppukkottai, Virudhunagar District. +1cc to the Special Government Pleader, SR.No.36090 +1cc to Mr.K.M.Vijayakumar, Advocate, Sr.No.36000 +1cc to Mr.T.Ravichandran, Advocate,Sr.No.36312 +1cc to Mr.D.Shanmugaraja sethupathi, Advocate, Sr.No.36044 vvk GH : 15.11.2011 : 7p/20c W.P.(MD)Nos.1639, 1704,3378, 4662, 5617 and 6246 of 2011 18.10.2011 https://hcservices.ecourts.gov.in/hcservices/