R.Moorthy v. The Joint Registrar

ORDER The present revision petition has been filed by the petitioner challenging the order of dismissal of petitioner, who was employed as a Salesman in a Fair Price Shop of the 3rd respondent Municipality.

¶2Though there are several facts which have been narrated in the affidavit, this Court does not propose to get into the facts of the case for the purpose of disposing of the present Writ Petition inasmuch as the short ground of challenge is that the petitioner filed a writ petition before this Court in WP No.4920 of 2022 dated 07.03.2022 challenging the proceedings in Na.Ka.No.97/2021-A1 dated 11.11.2021 wherein this Court dismissed the Writ Petition granting liberty to petitioner to avail statutory remedy. Pursuant Page3 of 5 thereto, petitioner preferred a Revision under Section 153 of the Cooperative Societies Act, challenging the order dated 11.11.2021 by which the petitioner was dismissed from service.

¶3However, the said Revision was rejected as not maintainable on the premise that the remedy, if any would only lie under Section 90 of the Cooperative Societies Act. Ongoing through the provisions of Section 153 of the Cooperative Societies Act, as well as Section 90 of the Cooperative Societies Act, it appears that the remedy would in fact lie only under Section 153 of the Cooperative Societies Act.

¶4Learned counsel for respondents would also submit that the remedy would only lie by way of revision.

¶5In that view of the matter, this Court is inclined to set aside the impugned order dated 19.05.2022 and direct the first respondent to admit and entertain the Revision Petition, if it is otherwise in order and pass orders on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested parties, within a period of four weeks from the date of receipt of a copy of this order. Page4 of 5

¶6The Writ Petition is disposed of with the above observations. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 18-03-2026 Index: Yes/No Speaking/Non-speaking order jv To

¶1The Joint Registrar Co-operative Society, Chengalpattu.

¶2The Deputy Registrar of Cooperative Societies O/o. Deputy Registrar, Vadarayan Street, Vadarayan Street, Madhurantakam, Chengalpattu District.

¶3The President G.1836 Kayapakkam Primary Agricultrual Cooperative Credit Society, Chinnakayappakkam Village, First Street, Kayappakkam Post, Cheyyur Taluk, Chengalpattu District. WPoNo.o26734oofo2022 MOHAMMEDoSHAFFIQ,oJ. jv WPoNo.o26734oofo2022 18-03-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-03-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No.25786 of 2022 R.Moorthy Salesman, G.1836 Kayapakkam Primary Agricultrual Cooperative Credit Society, Chinnakayappakkam Village, First Street, Kayappakkam Post, Cheyyur Taluk, Chengalpattu District. ..Petitioner(s) Vs 1. The Joint Registrar Co-operative Society, Chengalpattu. 2. The Deputy Registrar of Cooperative Societies O/o. Deputy Registrar, Vadarayan Street, Vadarayan Street, Madhurantakam, Chengalpattu District. 3. The President G.1836 Kayapakkam Primary Agricultrual Cooperative Credit Society, Chinnakayappakkam Village, First Street, Kayappakkam Post, Cheyyur Taluk, Chengalpattu District. 4. A.Ravi Secretary, G.1836 Kayapakkam Primary Agricultrual Cooperative Credit Society, Chinnakayappakkam Village, First Street, Kayappakkam Post, Cheyyur Taluk, Chengalpattu District. ..Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, Calling for records relating Page2 of 5 to the 1st respondent's proceeding in Na. Ka. No. 6083 / 2021 / Sa. Pa dated 19.5.2022, quash the same and direct the 1st respondent to consider the petitioner's revision petition filed on 23.03.2022 and pass appropriate order on merits within the time. For Petitioner(s): Mr.M.Muthappan For Respondent(s): MR. A.M.Ayyathurai, Government Advocate, for R1 & R2. MR. C. Harsharaj, for R3 & R4.