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Madras High CourtWP/11013/2017dismissed

K.Alagarsamy, v. The Registrar Of Coop

2017-04-28Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T. RAJA W.P.No.11013 of 2017 K. Alagarsamy ... Petitioner -vs1. The Registrar of Co-operative Societies, No.170, E.V.R. Periyar High Road, Kilpauk, Chennai - 600 010.

2. No.DD-116 Dindigul Co-operative Primary Agricultural & Rural Developement Bank Ltd., rep. by its Managing Director, 58, New Agraharam, Dindigual - 624 001. ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to direct the 2nd respondent for the refund of the recovered terminal benefits of Rs.1,40,164/- along with interest calculated at 9% for the belated payment of the terminal benefits till its payment.

For Petitioner :

Mr. R.Krishnamoorthy, For Respondents :

Mr.V. Selvaraj, Additional Government Pleader

O R D E R

The petitioner has come to this Court seeking a direction to the the Registrar of Co-operative Societies, the first respondent herein to direct the Dindigul Co-operative Primary Agricultural and Rural Development Bank Ltd., the second respondent herein for the refund of recovered terminal benefits of Rs.1,40,164/- along with interest calculated at 9% for the belated payment of the terminal benefits till its payment. 2.When it is the contention of the learned counsel for the petitioner that wrong recovery, namely, Rs.1,40,164/- has been made, without challenging the said recovery order, he cannot straight away come to this Court seeking the above direction by https://hcservices.ecourts.gov.in/hcservices/

way of writ of mandamus. Therefore, this Court is not inclined to entertain this type of writ petition by invoking Article 226 of the Constitution of India. Therefore, this writ petition fails and the same is dismissed. No costs.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. The Registrar of Co-op Societies, No.170, E.V.R. Periyar High Road, Kilpauk, Chennai - 600 010.

W.P.No.11013 of 2017 NRII(CO) sp/12/5 https://hcservices.ecourts.gov.in/hcservices/