S.KARTIKEYAN v. THE LIQUIDATOR TAMIL NADU CO-OP. OIL SEEDS GROWERS FEDERATION LTD.,55 THIRU-VI-KA INDUSTRIAL

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14.06.2012CORAM:THE HONOURABLE MR.JUSTICE VINOD K.SHARMAW.P.No.14041 of 2008 andM.P.No.1 of 2008S.KARTIKEYAN ... PETITIONER-vs-THE LIQUIDATOR TAMIL NADU CO-OP. OIL SEEDS GROWERS FEDERATION LTD.,55 THIRU-VI-KA INDUSTRIAL ESTATE CHENNAI-97.... RESPONDENTPrayer: Writ petition is filed under Article 226 of Constitution of India for issuance of a writ in the nature of Certiorari, calling for the records relating to the proceedings Rc No.6574/07 dated 30.4.2008of the respondent by which the respondent has ordered conditional attachment of the petitioner's salary under the Tamil Nadu Co-op. Societies Act, 1983 and quash the same. For Petitioner : Mr.S.VenkataramanFor Respondent: Mr.S.NavaneethanAddl. Govt. PleaderO R D E RThe petitioner has approached this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the order dated 30.04.2008 passed by the learned Liquidator in exercise of powers under Section 139(2) of the Tamil Nadu Co-op. Societies Act,1983.

The petitioner has statutory remedy of filing revision petition under Section 153 of the Tamil Nadu Co-op. Societies Act,1983, which reads as under:153. Revision – (1) The Registrar may of his own motion or on application, call for and examine the record of any officer subordinate to him or of the Board or any officer of a registered Society or of the CompetentAuthority constituted under sub-section (3) of Section 75 https://hcservices.ecourts.gov.in/hcservices/ and the Government may, of their own motion or on application, call for and examine the record of the Registrar, in respect of any proceedings under this Act or the Rules or the Bylaws not being a proceeding in respect of which an appeal to the Tribunal is provided by sub-section (1) of Section 152 to satisfy himself or themselves as to the regularity of such proceedings, or the correctness, legality or propriety of any decision passed or order made therein; and, if in any case, it appears to the Registrar or the Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, he or they may pass orders accordingly: Provided that every application to the Registrar or the Government for the exercise of the powers under this section shall be preferred within ninety days from the date on which the proceedings, decision or order to which the application relates was communicated to the applicant. (2) No order prejudicial to any person shall be passed under sub-section (1) unless such person has been given an opportunity of making his representations. (3) The Registrar or the Government, as the case maybe, may suspend the execution of the decision or order pending the exercise of his or their power under sub-section (1) in respect thereof. (4) The Registrar or the Government may award costs in any proceedings under this section to be paid either out of the Funds of the Society or by such party to the application for revision as the Registrar or the Governmentmay deem fit. "

Learned counsel for the petitioner however submits that the petitioner has been bonafide prosecuting his remedy in this Court, therefore, limitation for filing revision has expired, therefore, prays that liberty may be given to petitioner now to challenge the impugned order by invoking revisional jurisdiction.

In view of the fact, that the petitioner has alternative statutory remedy of revision, this writ petition is ordered to be dismissed, on the ground of availability of alternative remedy.

However, keeping in view of the fact, that the petitioner has been bonafide prosecuting his case in this Court, he is permitted to avail remedy of statutory revision within one month of the receipt of certified copy of this order. In case any revision petition is filed within one month of the receipt of certified copy of this https://hcservices.ecourts.gov.in/hcservices/ order, the Revisional Authority shall decide it on merit in accordance with law, without reference to limitation.

This Court has stayed recovery from the petitioner. Thepetitioner shall be at liberty to move application for stay of recovery before the Revisional Authority. Till decision is taken on the said application, the interim order, granted by this Court, shall continue. It will be open to revisional authority to take decision on stay application on merit in accordance with law.

The Office is directed to return the certified copy of the impugned order, to petitioner on his placing a true copy of the impugned order on record. No costs. Consequently, connected miscellaneous petition is closed. Sd/-Asst. Registrar/true copy/Sub Asst. Registrar.arToTHE LIQUIDATOR TAMIL NADU CO-OP. OIL SEEDS GROWERS FEDERATION LTD.,55 THIRU-VI-KA INDUSTRIAL ESTATE CHENNAI-97.1 cc to Mr.S.Venkataraman, Advocate, SR No.33743W.P.No.14041 of 2008EV {CO}TP/2.7.2012.