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Madras High CourtWP/6284/2022allowed

P.Thangavel v. The Joint Registrar Of Cooperative Societies

2025-12-08Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2025

CORAM:

THE HONOURABLE Ms. JUSTICE P.T.ASHA and W.M.P.No.6367 of 2022 P.Thangavel ... Petitioner Vs.

1. The Joint Registrar of Cooperative Societies, Salem Region, Salem, Salem District.

2. The Competent Authority for Subsistence Allowance (I/C), Joint Commissioner of Labour, Korimedu, Salem, Salem District.

3. The Administrator, S.777, Nangavalli Primary Agricultural Cooperative Credit Society, Nangavalli Post, Mettur Taluk, Salem District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd respondent to disburse the petitioner's subsistence allowance to the tune of Rs.17,51,266/- to the petitioner together with interest by 1/5

implementing the order passed by the 2nd respondent in P.S.A.No.02/2021 dated 14.12.2021.

For Petitioner : Mr.C.Prakasam For Respondents 1 and 2 : Ms.Geetha Thamaraiselvan Special Government Pleader For Respondent-3 : Mr.U.Baranidharan, Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the 3rd respondent to disburse the subsistence allowance of Rs.17,51,266/- to the petitioner together with interest by implementing the order passed by the 2nd respondent in P.S.A.No.02/2021 dated 14.12.2021.

2. The petitioner was working as a Clerk in the 3rd respondent Society and he was placed under suspension on 08.11.2016. At the time of suspension, the petitioner received a sum of Rs.36,121/- per month as salary. After the suspension, the 3rd respondent had not disbursed the subsistence allowance to the petitioner. Hence, he approached the 2nd respondent and filed an application under the 2/5

provisions of Tamil Nadu Payment of Subsistence Allowance Act. The 2nd respondent had conducted an enquiry in P.S.A.No.02 of 2021 in which the learned counsel for the 3rd respondent also appeared. After conducting a detailed enquiry, the 2nd respondent passed an order in proceedings P.S.A.No.02/2021 dated 14.12.2021, directing the 3rd respondent to disburse the subsistence allowance of Rs.17,51,266/- within 30 days. After receipt of the copy of the order, the petitioner approached the 3rd respondent and requested to disburse the subsistence allowance. However, the 3rd respondent refused to do so. Hence, the petitioner made a written representation on 29.01.2022, but no order has been passed to date. Hence, the present writ petition has been filed.

3. The learned Special Government Pleader appearing for the respondents on instructions would submit that the subsistence allowance which the petitioner would be entitled to, would be disbursed within three weeks time.

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4. Recording the submission of the learned counsel for the respondents, the writ petition is allowed. The 3rd respondent is directed to disburse the subsistence allowance of Rs.17,51,266/- to the petitioner together with 9% per annum within a period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 08-12-2025 Srn To

1. The Joint Registrar of Cooperative Societies, Salem Region, Salem, Salem District.

2. The Competent Authority for Subsistence Allowance (I/C), Joint Commissioner of Labour, Korimedu, Salem, Salem District.

3. The Administrator, S.777, Nangavalli Primary Agricultural Cooperative Credit Society, Nangavalli Post, Mettur Taluk, Salem District 4/5

P.T.ASHA, J., srn and W.M.P.No.6367 of 2022 08.12.2025 5/5