Parameswari v. The Registrar Of Co-Operative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.2070 of 2023 and W.M.P No.2154 of 2023 Parameswari Petitioner vs.

1.The Registrar of Co-operative Societies, Office of the Registrar of Co-operative Societies, Kilpauk, Chennai - 600 010.

2.The Joint Registrar of Co-operative Societies, O/o the Joint Registrar of Co-operative Societies, Cuddalore Zone, Cuddalore.

3.The District Registrar, Virudhachalam Region, Virudhachalam, Cuddalore District.

4.I.I. 522, Seppakkam Primary Agricultural Co-operative Credit Societies, Represent its President, Seppakkam Post, Veppur Taluk, Cuddalore District. 5.R.Rajakumari, Office Assistant, O/o. The II 522, Cheppakkam Primiary Agricultural Co-operative Credit Societies, Ceppakkam Post, Veppur Taluk, Cuddalore District. 6.S.Premkumar, Salesman, Father name not known to the petitioner, O/o. The II 522, Cheppakkam Primiary Agricultural Co-operative

Credit Societies, Ceppakkam Post, Veppur Taluk, Cuddalore District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner representation dated 05.01.2023, within a time frame fixed by this Court. For Petitioner : Mr.G.Ilamurugu For Respondents : Mr.RU.Dinesh Rajkumar Additional Government Pleader for R1 to R3 Mrs.Sangamithirai Special Government Pleader for R5

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 05.01.2023 and to act upon the same before choosing the candidate for promotion to the post of Clerk.

2.Heard Mr.G.Ilamurugu, learned counsel appearing on behalf of the petitioner, Mr.RU.Dinesh Rajkumar, learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 and Mrs.Sangamithirai, learned Special Government Pleader appearing on behalf of the 4th respondent. 3.This writ petition has been filed on an anticipation that the 5th respondent is

going to promote the 6th respondent to the post of Clerk by over looking the seniority of the petitioner. In short, this writ petition has been filed merely based on an apprehension. This Court cannot issue any positive orders in a writ petition filed on the basis of apprehension. The petitioner has already given her objection and the petitioner has also stated about the fact that she is senior to the 6th respondent and if ultimately any promotion is made by the 5th respondent disregarding the seniority, it can always be challenged and the non-consideration of the representation made by the petitioner will be an added advantage for the petitioner to question such a promotion, if it takes place. Except giving this clarity, no further orders can be passed in this writ petition.

4.This writ petition is disposed of accordingly. No Costs. Consequently, connected miscellaneous petition is closed.

25.01.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr

N. ANAND VENKATESH, J.

ssr To 1.The Registrar of Co-operative Societies, Office of the Registrar of Co-operative Societies, Kilpauk, Chennai - 600 010.

2.The Joint Registrar of Co-operative Societies, O/o the Joint Registrar of Co-operative Societies, Cuddalore Zone, Cuddalore.

3.The District Registrar, Virudhachalam Region, Virudhachalam, Cuddalore District.

4.The President, I.I. 522, Seppakkam Primary Agricultural Co-operative Credit Societies, Seppakkam Post, Veppur Taluk, Cuddalore District. W.P No.2070 of 2023 and W.M.P No.2154 of 2023 25.01.2023