1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.A.(MD).No.434 of 2011 and M.P.No.1 of 2011 M.Chellan : Appellant/Petiotioner Vs. 1.The Special Officer, Kalkulam Taluk Teachers Co-operative Thrift and Credit Society Ltd., K.V.119, Thuckalay, Kanyakumari District. 2.R.Reghupathy Chandra, Enquiry Officer, Kalkulam Taluk Teachers Co-operative Thrift and Credit Society Ltd., K.V.119, Thuckalay, Kanyakumari District. : Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 14.09.2010 made in W.P.(MD).No.8259 of 2008 on the file of this Court. Petition filed under Article 226 of the Constitution of India, this Court may be pleased to issue a writ of certiorari or any other order in the nature of a writ calling for the records of the enquiry report dated 16.07.2008 of the Second Respondent. For Appellant : Mr.C.T.Perumal For Respondent 1 : Mr.K.Mahendran Special Government Pleader JUDGMENT [Judgment of the Court was delivered BY A.ARUMUGHASWAMY, J] Challenge in this Writ Appeal is to the order dated 14.09.2010 made in W.P.(MD).No.8259 of 2008. 2. The appellant herein, who is working as Secretary in the first respondent - Co-operative Society, filed the said Writ Petition challenging the Enquiry Report dated 16.07.2008 submitted by the second respondent herein. The learned Single Judge of this Court, by order dated 14.09.2010, dismissed the said Writ Petition. Challenging the same, the appellant has come up with the present Writ Appeal. 3. The contention of the learned counsel appearing for the appellant is that the copies of documents relied on by the complainant were not furnished to the appellant. However, the learned counsel for the appellant requests this Court that the appellant may be given ten days time to submit his explanation to the enquiry report dated 16.07.2008, since he had retired from service on attaining the age of superannuation. 4. The contention of the learned Special Government Pleader appearing for the first respondent is that the appellant was permitted to peruse https://hcservices.ecourts.gov.in/hcservices/ 2 the documents and after giving due opportunity, an enquiry was conducted, and therefore, the order of the learned Single Judge needs no interference. 5. We have considered the above submissions made by the respective learned counsel and perused the records carefully. 6. From a perusal of the order of the learned Single Judge, it is seen that relying on the Judgments of the Full Bench of this Court in A.S.Subramani vs. Deputy Registrar of Co-operative Societies, Tindivanam Region reported in 2006 (4) CTC 444; T.K.Ananda Sayanan vs. Joint Registrar of Co-operative Soceities, Vellore Region reported in 2007 (5) CTC 1 and R.Radhakrishnan vs. Deputy Registrar of Co-operative Societies, Dindigul reported in 2007 (4) LLN 868, the learned Single Judge dismissed the said Writ Petition on the ground that a Writ Petition will not lie against a Co-operative Society. We are in full agreement with the view taken by the learned Single Judge, and therefore, we are not inclined to entertain the Writ Appeal. 7. However, taking into consideration the request made by the learned counsel for the appellant that the appellant had retired from service on attaining the age of superannuation, we are of the considered view that the appellant has to be given ten days time to submit his explanation to the enquiry report dated 16.07.2008. 8. In view of the above, the appellant is granted 10 days time, from the date of receipt of a copy of this order, to submit his explanation to the enquiry report dated 16.07.2008 and on receipt of such explanation from the appellant, it is for the disciplinary authority to consider the same and pass appropriate orders. The Writ Appeal is disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1. The Special Officer, Kalkulam Taluk Teachers Co-operative Thrift and Credit Society Ltd., K.V.119, Thuckalay, Kanyakumari District. 2. The Enquiry Officer, Kalkulam Taluk Teachers Co-operative Thrift and Credit Society Ltd., K.V.119, Thuckalay, Kanyakumari District. +1CC TO MR.C.T.PERUMAL, ADVOCATE SR.18045 NB SR : 23.06.2011 : 2p/4c JUDGMENT MADE IN W.A.(MD).No.434 of 2011 13.06.2011 https://hcservices.ecourts.gov.in/hcservices/