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Madras High CourtWP/5085/2020dismissed

K.Selvarajan v. The Registrar Of Co- Operative Societies

2020-03-03Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2020

CORAM

THE HONOURABLE MR.JUSTICE V. PARTHIBAN W.P. No.5085 of 2020 K.Selvarajan ..Petitioner

Versus

1. The Registrar of Co-operative Societies, EVR Maaligai, No.170, EVR Periyar Road, Kilpauk, Chennai - 600 010.

2. The Zonal Joint Registrar of Co-operative Societies, Collectorate, Nagapattinam.

3. Range Dy. Registrar of Co-operative Societies, Dheen Plaza, First Floor, Mayilduthurai.

4. The President, ZB 97, Mariyur Primary Agricultural Co-operative Bank, Mariayur P.O., Mayiladuthurai.

..Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 17.07.2019. For Petitioner : Mr.R.Lakshmi Narayanan For Respondents : Mr.L.P.Shanmugasundaram Special Government Pleader for RR1 to 4

ORDER

The writ petition has been filed seeking for a Mandamus to direct the respondents to consider the petitioner's representation dated 17.07.2019 for appointment under Compassionate ground.

2. From the facts narrated in the affidavit filed in support of this writ petition, it appears that the father of the writ petitioner was working as a Clerk in Maraiyur Primary Agricultural Co-operative Bank Ltd., Maraiyur Post, Mayiladuthurai Taluk, Nagapattinam District and while being employed, he died in harness on 21.11.2006. At the time of his death, he left behind his wife, his two sons and one daughter.

3. After the death of the petitioner's father, on behalf of elder brother of the petitioner one K.Manikandan, the petitioner's mother had applied for employment on compassionate ground. However, it appears that his elder brother got married and withdrawn his request for appointment. Petitioner's only sister had also died on 19.04.2010. The petitioner is 29 years and he is holding a Master's Degree in Information Technology. He appears to have made a representation on 17.07.2019 and seeks for a Mandamus to direct the respondents to dispose of the petitioner's representation.

4. From the disclosure of the above facts, the cause of action arose after the death of the petitioner's father in 2006 and thereafter nearly 14 years have lapsed. Nothing has been explained in the affidavit as to what happened immediately after his father death and also when his elder brother has withdrawn his request. The affidavit is bald and vague. Moreover, the claim as it stands is hopelessly time barred and cannot be entertained at all.

5. In the above circumstances, this Court finds the writ petition is completely devoid of merits and in such circumstances, the writ petition is dismissed. No costs. s/d- Assistant Registrar True Copy Sub-Assistant Registrar

vsi2 To :

1. The Registrar of Co-operative Societies, EVR Maaligai, No.170, EVR Periyar Road, Kilpauk, Chennai - 600 010.

2. The Zonal Joint Registrar of Co-operative Societies, Collectorate, Nagapattinam.

3. Range Dy. Registrar of Co-operative Societies, Dheen Plaza, First Floor, Mayilduthurai.

4. The President, ZB 97, Mariyur Primary Agricultural Co-operative Bank, Mariayur P.O., Mayiladuthurai.

+1 CC to Mr.R.Lakshmi Narayanan, Advocate sr 18682. +1 CC to The Special Govt. Pleader sr 19303.

W.P. No.5085 of 2020 RSK(CO) SP(28/05/2020)