C.Natarajan v. The Registrar Of Co-Operative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and M.P. No.2 of 2010 1.C.Natarajan 2.D.Murugan 3.V.Thirukannan 4.V.Rajendran 5.K.Ponnusamy 6.P.Somasundaram 7.R.Kaviselvam ... Petitioners Vs.

1.The Registrar of Co-operative Societies, Kilpauk, Chennai-10.

2.The Special Officer, Ramnad District Consumers Co-operative.

Wholesale Stores Ltd., No.265-F, Vandikkara Street, Ramnad.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the entire records relating to the impugned order passed by the 1st Respondent in his proceedings Na.Ka.88821/2010 Nu.Ku.Pa-2, dated 01.10.2010 and quash the same. 1/4

For Petitioners : Mr.K.Vasudevan For Respondents : Mr.P.Ganesan Government Advocate

ORDER

This writ petition has been filed questioning the impugned proceedings dated 01.10.2010 whereby the 1st Respondent directed the 2nd Respondent to recover the excess amount of dearness allowance paid to the employees of the Respondent stores and other similarly situated stores by referring to different government orders and also about the liability of the 2nd Respondent stores. The impugned order is only a communication between the 1st Respondent and the 2nd Respondent however, the 1st Respondent issued the impugned order straight away directing recovery of the dearness allowance amount that is said to have been paid in excess to the employees of the 2nd Respondent stores.

2. This Court had passed an interim order dated 09.11.2010 granting interim stay and the same is still in operation and the impugned order is not given effect to.

3. The said impugned proceedings of the 1st Respondent was issued behind the back of the petitioners. The 1st Respondent directed the 2nd Respondent to recover the amount paid in excess without affording any opportunity to the 2/4

petitioners. In the circumstances, the impugned proceedings is liable to be set aside on the ground of violation of principles of natural justice and is accordingly set aside leaving it open to the Respondents to take steps in accordance with law. Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

24.09.2024 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

1.The Registrar of Co-operative Societies, Kilpauk, Chennai-10.

2.The Special Officer, Ramnad District Consumers Co-operative.

Wholesale Stores Ltd., No.265-F, Vandikkara Street, Ramnad.

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MUMMINENI SUDHEER KUMAR, J.

mka and M.P. No.2 of 2010 24.09.2024 4/4