P. MATHIYAZHAGAN Vs. THE JOINT REGISTRAR OF CO

JUDGEMENT

(1.) The relief sought for in this Writ Petition is to quash the order of rejection passed by the first respondent in his proceedings dated 03.06.2015, and to direct the first respondent to entertain the Statutory Revision filed by the writ petitioner, under section 153 of the Tamil Nadu Co-Operative Societies Act (in short 'Act') and dispose the same on merits.

(2.) When the writ petitioner was working as Salesman in Ariyagoundenpatti Fair Price Shop, a Family Card holder, came to the Fair Price Shop for purchase of essential commodities and the said Family Card Holder picked up a quarrel with the employees of the Fair Price Shop and due to illness, the Card Holder fell down and died on the spot. The Inspector of Police, Suramangalam Police Station, registered a case based on the postmortem report, wherein it was concluded that the death of the Family Card Holder was natural. However, the relatives of the deceased Family Card Holder approached this Court for CBCID enquiry and as directed by this Court, the CBCID Wing registered a case against the writ petitioner under section 302 (ii) r/w 109 IPC and the Court of Sessions, convicted the writ petitioner to undergo imprisonment for ten years. Aggrieved over the said order, the writ petitioner preferred a Criminal Appeal before this Court and during the pendency of the Criminal Appeal, this Court suspended the conviction and sentence, as evident from the copy of the un-numbered Revision Petition filed by the writ petitioner before the Joint Registrar of Co-Operative Societies, Salem Region, Salem. For the aforesaid reasons, the writ petitioner was placed under suspension by initiating disciplinary proceedings.

(3.) As against the order of suspension, the petitioner preferred a Revision Petition under section 153 of the Act on 25.05.2015. However, the said Revision Petition was rejected by the first respondent by his proceedings dated 03.06.2015, on the ground that the Revision under section 153 shall be filed only against the final orders passed by the Management of a Co-Operative Society.