Madras High Court
WA/2675/2023 of P.Balachandran Vs The Joint Registrar of co-Operative societies on 25 August 2026
W.A.NO.2675 OF 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.08.2026
CORAM
THE HON’BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON’BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
W.A.NO.2675 OF 2023
P.Balachandran
…
Appellant
Vs.
1.The Joint Registrar of Cooperative Societies Nagapattinam Region, Nagapattinam, Nagapattinam District.
2.The Deputy Registrar of Cooperative Societies Mayiladuthurai Circle, Mayiladuthurai, Mayiladuthurai District.
3.The President
Z.200, Thiruvali Primary Agricultural Cooperative Credit Society Thiruvali Post – 609 109.
Sirkazhi Taluk, Mayiladuthurai District.
…
Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 28.02.2022 passed in W.P.No.2631
of 2022.
W.A.NO.2675 OF 2023
For Appellants
:
Ms.S.Pavithra
for Mr.C.Prakasam
For Respondents 1&2
:
Mr.K.Rajesh
Government Advocate
For Respondent 3
:
No appearance
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J U D G M E N T
(Judgment of the Court was made by S.M.Subramaniam, J.) The writ petitioner is the appellant. The writ petition has been instituted challenging the internal communication sent by the Deputy Registrar of Co-operative Societies, Mayiladuthurai Circle, to the President of Thiruvali Primary Agricultural Co-operative Credit Society.
2. Such inter-department communication would not provide a cause of action for institution of the writ petition. Based on the said communication of the Deputy Registrar, the President / Board of the Society has to pass appropriate orders and if any such order is passed, then the aggrieved employee has to approach the Competent Authority under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983. No writ petition against a Co-operative Society is maintainable, since a
W.A.NO.2675 OF 2023
Co-operative Society is not a “State” within the meaning of Article 12 of the Constitution of India.
3. The said principle has been settled by a Larger Bench of this Court in the case of K.Marappan Vs. Deputy Registrar of Cooperative Societies, Namakkal Circle, reported in 2006 (4) CTC
689. In order to overcome the issue of jurisdiction, the writ petition has been instituted challenging the communication sent by the Deputy Registrar to the President of the Co-operative Society. Therefore, the writ petition is not maintainable. If any action has been taken by the Management of the Co-operative Society, the aggrieved employee/appellant may approach the competent authority under the provisions of the Tamil Nadu Co-operative Societies Act, 1983.
4. With these observations, the writ appeal stands dismissed. No costs. [S.M.S., J.] [K.G.R., J.]
25.08.2026 Index : Yes Speaking Order : Yes Neutral Citation : Yes / No TK
W.A.NO.2675 OF 2023
To
1. The Joint Registrar of Cooperative Societies Nagapattinam Region, Nagapattinam, Nagapattinam District.
2. The Deputy Registrar of Cooperative Societies Mayiladuthurai Circle, Mayiladuthurai, Mayiladuthurai District.
3. The President Z.200, Thiruvali Primary Agricultural Cooperative Credit Society Thiruvali Post – 609 109. Sirkazhi Taluk, Mayiladuthurai District.
W.A.NO.2675 OF 2023
S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. TK
W.A.NO.2675 OF 2023 25.08.2026