Madras High Court
WP/44733/2016 of B.Nirmala, Vs The Registrar of Cooperative on 29 December 2016
COURT OF JUDICATURE AT MADRAS DATED: 29.12.2016 Coram The Hon'ble Mr. Justice
IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29.12.2016
Coram
The Hon'ble Mr. Justice S.VAIDYANATHANW.P.No.44733 of 2016
B.Nirmala
.. Petitioner
Vs.
1.The Registrar of Co-operativeSocieties, No.170, Periyar EVR High Road, Kilpauk, Chennai – 10..
2.Additional Registrar of CooperativeSocieties, Chennai Region, TANFED Buildings, St. Mary's Road, Chennai – 18.
3.The Deputy Registrar of Co-operativeSocieties (Credit), Kuralagam, Chennai – 104.
4.The President, Chennai Central Cooperative Bank, No.215, Prakasam Salai, Chennai – 108.
5.The Managing Director, Chennai Central Co-operative BankLtd., No.215, Prakasam Salai, Chennai – 108.
.. Respondents
Petition filed under Article 226 of the Constitution ofIndia for the issuance of a writ of mandamus directing the fifthrespondent to consider for promotion to the next higher cadre ofAssistant Manager in terms of permission accorded by theRegistrar of Cooperative Societies in letter Na.Ka.No.38704/2013Ma.Va.Pa.1 dated 15.11.2016 and place the file to the 4[th]respondent for his approval or ratification subsequently, as thepetitioner is due to retire on superannuation of age on31.12.2016 in accordance with law, equity and natural justice.
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Seeking a direction to the fifth respondent to consider forpromotion to the next higher cadre of Assistant Manager in termsof permission accorded by the Registrar of Cooperative Societiesin letter Na.Ka.No.38704/2013 Ma.Va.Pa.1 dated 15.11.2016 andplace the file to the 4[th] respondent for his approval orratification subsequently, as the petitioner is due to retire onsuperannuation of age on 31.12.2016 in accordance with law,equity and natural justice, the petitioner has filed the presentwrit petition.
2. The relief claimed by the petitioner is against the co-operative society. It is well settled that writ petition againstthe co-operative society is not maintainable in view of theLarger Bench judgment in K.Marappan Vs. The Deputy Registrar ofCooperative Societies, Namakkal Circle, Namakkal and another(2006 (4) CTC 689). Hence, the writ petition fails and the sameis dismissed. No costs.
-Sd/- Asst.Registrar
/true copy/
Sub Asst. Registrar
mmiTo
1. The Registrar of Co-operativeSocieties, No.170, Periyar EVR High Road, Kilpauk, Chennai – 10..
2. Additional Registrar of CooperativeSocieties, Chennai Region, TANFED Buildings, St. Mary's Road, Chennai – 18.
3. The Deputy Registrar of Co-operativeSocieties (Credit),Societies (Credit), Kuralagam, Chennai – 104.
4. The President, Chennai Central Cooperative Bank, No.215, Prakasam Salai, Chennai – 108.
5. The Managing Director, Chennai Central Co-operative BankLtd., No.215, Prakasam Salai, Chennai – 108.
W.P.No.44733 of 2016
nm(co)aa09/01/2017