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Madras High CourtWP/25581/2010dismissed for nonprosecution

Tamil Nadu Consumer v. The Registrar Of Co-Operative

2024-09-24Honourable Mr.Justice Mummineni Sudheer Kumar4 pages

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 Tamil Nadu Consumer Co-operative Employees Federation (Reg.No.799/CNI), Rep. By its President Mr.S.Alwarappan, No.72-C, L-Block, Anna Nagar, Chennai-102.

... Petitioner Vs.

The Registrar of Co-operative Societies, No.170, Periyar E.Ve.Ra.High Road, Kilpauk, Chennai-10.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the order in Na.Ka.No.88821/2010 Nu.Ku.Pa2 dated 01.10.2010 passed by the respondent herein and quash the same and further direct the Respondent to extend the benefits of the G.O.Ms.No.490 dated 08.10.2009 and G.O.Ms.No.113 dated 16.04.2010 to the employees of Co-operative Wholesale stores.

For Petitioner : Mr.K.Vasudevan - No Appearance 1/4

For Respondent : Mr.P.Ganesan Government Advocate

ORDER

This writ petition has been filed by the Tamil Nadu Consumers Cooperative Employees Federation represented by its President.

2. When the matter is taken up for consideration, there is no representation for the petitioner. Further, the impugned proceedings dated 01.10.2010 is a proceeding in which the Respondent directed the Co-operative Wholesale Stores to recover the excess amount of dearness allowance that has been paid to the employees of the Respondent stores and other similarly situated stores. In case any person is aggrieved by the said proceedings, it should be the employees who were paid dearness allowance in excess. Under no circumstances, the petitioner federation is said to be aggrieved. Further, considering that there is no representation for the petitioner, the writ petition is liable to be dismissed for non-prosecution.

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3. In the light of the above, the writ petition stands dismissed for nonprosecution as well as on the ground of having no locus standi to the petitioner. No costs. Consequently, connected miscellaneous petition is closed. 24.09.2024 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

The Registrar of Co-operative Societies, No.170, Periyar E.Ve.Ra.High Road, Kilpauk, Chennai-10.

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MUMMINENI SUDHEER KUMAR, J.

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