SENGUTTUVAN Vs. GOVERNMENT OF TAMIL NADU AND OTHERS

JUDGEMENT

(1.) The petitioner is a member of an Agricultural Producers' Cooperative Society, Valliyoor. He has soughtfor issue of a writ in the nature of mandamus directing the Joint Registrar of Co-operative Societies, Palayamkottai (3rd respondent) to forbear the 5th respondent (T. Paranjothi) from acting as Accountant in the Valliyoor Branch of Nanguneri Radhapuram Taluk Agricultural Producers' Co-operative Marketing Society Limited.

(2.) It may be pointed out that the petitioner being a member of a co-operative society does not make any grievance of infringement of any of his rights as a member of a cooperative society. He is seeking relief as to continuation of the 5th respondent in the service of the Co-operative Society. He cannot represent the Co-operative Society nor its Committee of Management or the Special Officer who is now exercising the powers of a Committee of Management. He cannot seek the aforesaid relief under Art. 226 of the Constitution as his right as a member of a Cooperative Society is not affected. The affairs of a Co-operative Society are managed and conducted by a Committee of Management of a Cooperative Society. In the absence of Committee of Management, the Special Officer as per the provisions of the Tamil Nadu Cooperative Societies Act, 1983 is entitled to exercise all those powers. Therefore, it is for the Society to take a decision in the facts and circumstances of the case as to whether the 5th respondent should be continued in the Office or not. That being so, we find it difficult to agree with the contention of the appellant that he is entitled to the relief sought for.

(3.) The other grievances made in the petition are all matters, which can be placed before the Committee of Management of Cooperative Society or the Special Officer as the case may be, if not before the Registrar of Cooperative Societies. Hence, we see no ground to admit this appeal. The appeal is, accordingly, rejected, subject to the aforesaid observations. Appeal dismissed.