R. Lalli v. Registrar of Co-operative Society, Chennai
2022-07-26
S.M.SUBRAMANIAM
body2022
DigiLaw.ai
JUDGMENT (Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records on the file of the 1st respondent in RC.No.90960/2008 CCS2(1) dated 06.01.2010 and consequently the resolution passed by the 2nd respondent in Resolution No.28 dated 24.12.2014 and quash the same.) 1. The Resolution passed by the Management of the Nilgiris Co-operative Marketing Society dated 24.12.2014 and the Directives issued by the first respondent in proceedings dated 06.01.2010 are under challenge in the present writ petition. 2. As far as the Directives issued by the first respondent in proceedings dated 06.01.2010 is concerned, it is an inter departmental communication between the Additional Director and the Special Officer. Therefore, such proceedings cannot be a ground to question the validity of the decision taken by the Management of a Co-operative Society. The impugned Resolution dated 24.12.2014 reveals that the services of the writ petitioner expired and a decision was taken to send proposal to the Registrar for the purpose of regularizing the services of the writ petitioner. 3. Regularisation or permanent absorption is to be granted in accordance with the provisions of the Tamil Nadu Co-operative Societies Act and Rule 149 of the Tamil Nadu Co-operative Societies Rules. The issues in this regard are settled by the Hon'ble Division Bench of this Court in the case of L.Justine and another Vs. The Registrar Cooperative Societies, Chennai-10 and two others, reported in [2002] 4 CTC 385. 4. Therefore, the High Court cannot issue any direction to regularize the services of the writ petitioner. Resolution of the respondent/Management reveals that they have taken a decision to send proposal to the Registrar for grant of regularisation. 5. This being the factum, the petitioner is at liberty to pursue the matter before the competent authorities. However, the impugned orders cannot be said to be perverse. 6. Accordingly, the writ petition stands dismissed. No costs.