R.MoorthySalesman v. The Joint RegistrarCo-operative Society
Case at a glance
Outcome
Disposed of
The Writ Petition is disposed of with the above observations
Provisions considered
- Constitution of India art. 226
- Cooperative Societies Act ss. 90, 153
Key paragraphs
- Para 55. In 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…
Judgment
WP No. 26734 of 2022__________Page1 of 5IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18-03-2026CORAMTHE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQWP No. 26734 of 2022and WMP No.25786 of 2022R.MoorthySalesman, G.1836 Kayapakkam Primary Agricultrual Cooperative Credit Society, Chinnakayappakkam Village, First Street, Kayappakkam Post, Cheyyur Taluk, Chengalpattu District...Petitioner(s)Vs1.The Joint RegistrarCo-operative Society, Chengalpattu.
The Deputy Registrar of Cooperative SocietiesO/o. Deputy Registrar, Vadarayan Street, Vadarayan Street, Madhurantakam, Chengalpattu District.
The PresidentG.1836 Kayapakkam Primary Agricultrual Cooperative Credit Society, Chinnakayappakkam Village, First Street, Kayappakkam Post, Cheyyur Taluk, Chengalpattu District.
A.RaviSecretary, 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 https://www.mhc.tn.gov.in/judis WP No. 26734 of 2022__________Page2 of 5to 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.MuthappanFor Respondent(s):MR. A.M.Ayyathurai, Government Advocate, for R1 & R2.MR. C. Harsharaj, for R3 & R4.ORDERThe 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. 2. Though 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 https://www.mhc.tn.gov.in/judis WP No. 26734 of 2022__________Page3 of 5thereto, 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.3. However, 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.4. Learned counsel for respondents would also submit that the remedy would only lie by way of revision.
Operative part
In 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. https://www.mhc.tn.gov.in/judis WP No. 26734 of 2022__________Page4 of 56. The Writ Petition is disposed of with the above observations. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.18-03-2026Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NojvTo1.The Joint RegistrarCo-operative Society, Chengalpattu. 2. The Deputy Registrar of Cooperative SocietiesO/o. Deputy Registrar, Vadarayan Street, Vadarayan Street, Madhurantakam, Chengalpattu District. 3. The PresidentG.1836 Kayapakkam Primary Agricultrual Cooperative Credit Society, Chinnakayappakkam Village, First Street, Kayappakkam Post, Cheyyur Taluk, Chengalpattu District. https://www.mhc.tn.gov.in/judis WP No. 26734 of 2022__________Page5 of 5MOHAMMED SHAFFIQ, J.jvWP No. 26734 of 202218-03-2026
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Writ Petition is disposed of with the above observations
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Cooperative Societies Act — ss. 90, 153.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.