1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD)No.103 of 2011 and M.P.(MD)No.1 of 2011 1.M.Pitchai 2.P.Rajendran : Appellants Vs. 1.The Joint Registrar of Co-operative Societies, Sivagangai, Sivagangai District. 2.The Special Officer, Q.1249, Thayamangalam Primary Agricultural Co-operative Credit Society, Thayamangalam, Ilayangudi Taluk, Sivagangai District. 3.Puliyadithammam Primary Agricultural Co-operative Society represented by its Special Officer, Puliyaadithammam, Sivagangai District. 4.Kollangudi Primary Agricultural Co-operative Society represented by its Special Officer, Kollangudi, Sivagangai District. 5.Maravamangalam Primary Agricultural Co-operative Society represented by its Special Officer, Maravamangalam, Sivagangai District. 6.Murugesan [No relief against the sixth respondent] : Respondents https://hcservices.ecourts.gov.in/hcservices/ 2 PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent against the order passed by this Court dated 21.09.2010 made in W.P.(MD)No.5336 of 2009. WP.No.5336/09:- has been preferred under Article 226 of the Constitution of India praying to issue to Writ , Order or direction or any other Writ in the nature of Writ of Certiorari calling for the records relating to the impugned order dated 22.5.2009 in Na.Ka.No.2100/09 Tho .Va.Sa. Issued by the first respondent read with the impugned order dated 12.6.2009 passed by the 2nd respondent. For Appellants : Mr.G.R.Swaminathan For Respondents 1&2 : Mr.R.Karthikeyan Additional Government Pleader For Respondents 3to5 : Mr.K.Mahendran Special Government Pleader ******* JUDGMENT ******* [Judgment of the Court was delivered by M.M.SUNDRESH, J.] This Writ Appeal has been filed, being aggrieved against the order of the learned Single Judge, wherein the Writ Petition filed by the appellants was dismissed on the ground that it is not maintainable, having filed against the Co- operative Society. 2. As rightly submitted by the learned counsel appearing for the appellants, the order impugned in the Writ Petition has been passed by the first respondent on 22.05.2009, which has been given effect to by the order of the second respondent dated 12.06.2009. Since the first respondent herein is not a Co-operative Society and an authority coming under Article 12 of the Constitution of India, the order passed by the learned Single Judge, by holding that no Writ Petition would lie against the Co-operative Society, is legally and factually incorrect. 3. In view of the above said factual position, we are inclined to set aside the order of the learned Single Judge dated 21.09.2010 passed in W.P.(MD)No.5336 of 2009 and remit the matter back to the learned Single Judge dealing with the Writ Petition, to decide the Writ Petition afresh, on his own merits. 4. In fine, the Writ Appeal stands allowed and the order of the learned Single Judge dated 21.09.2010 is set aside and the matter is remitted back to the learned Single Judge dealing with the Writ Petition, to decide the matter afresh, on https://hcservices.ecourts.gov.in/hcservices/ 3 his own merits. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The Joint Registrar of Co-operative Societies, Sivagangai, Sivagangai District. 2.The Special Officer, Q.1249, Thayamangalam Primary Agricultural Co-operative Credit Society, Thayamangalam, Ilayangudi Taluk, Sivagangai District. 3.The Special Officer, Puliyadithammam Primary Agricultural Co-operative Society Puliyaadithammam, Sivagangai District. 4.The Special Officer, Kollangudi Primary Agricultural Co-operative Society, Kollangudi, Sivagangai District. 5.The Special Officer, Maravamangalam Primary Agricultural Co-operative Society, Maravamangalam, Sivagangai District. Copy to:- The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai +One CC to the Spl Govt. Pleader, SR.No.22181 SML rl/8c – 19.7.2011 Judgment made in W.A.(MD)No.103 of 2011 Dated:- 07.07.2011 https://hcservices.ecourts.gov.in/hcservices/