K.Thanapal v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2025
CORAM
THE HON'BLE Ms. JUSTICE R.N.MANJULA K.Thanapal ... Petitioner -vs1. The Registrar Tamilnadu Co-operative Societies 170, EVR Periyar High Road N.V.Natarajan Maligai, Kilpak, Chennai-600010.
2. The Director Milk Producers & Dairy Development Department Head Office, Aavin House Chemiyars Road, Chennai.
3. The General Manager Salem, Namakkal Districts Co-operative Milk Producers Union Ltd.
Chittanur, Thalavaipatty, Salem-636302.
4. The Commissioner Milk Production & Dairy Development Department Madhavaram, Chennai.
... Respondents [R4-impleaded vide order dated 15.04.2025 made in W.M.P. No.17721 of 2019 in W.P.
No.11237 of 2019] Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, direction on the first respondent to conduct an inquiry on the petitioner's representation dated 01.04.2019, the selection process of the second and third respondents for the post of 'Junior 1/6
Executive Officer' and 'Extension Officer Grade-II' in Salem, Namakkal Districts Co-operative Milk Producers Union Ltd. Within a stipulated period of time.
For Petitioner : Mr.V.Vijayakumar For Respondents : Mr.A.M.Ayyadurai, GA
O R D E R
Heard Mr.V.Vijayakumar, learned counsel for the petitioner and Mr.A.M.Ayyadurai, learned Government Advocate for the respondents and perused the materials placed on records, apart from the pleadings of the parties. 2.
The petitioner is working as Secretary in NMR.4R, P.Kattupalayam Woman Milk Producers Co-operative Sangam, P.Kattupalayam since 2004. In response to the notification issued by the third respondent to call for 13 posts of Junior Executive Officer and Extension Officer Grade II, the petitioner applied to the said post and attended the written examination also. As the petitioner has cleared his written examination, he called for to attend the interview for the post of Extension Officer Grade II. The third respondent had shortlisted five persons to the post of Junior Executive Officer and Extension Officer Grade II, 2/6
without announcing the result of the exam and requested the Assistant Registrar to issue a No Objection Certificate for recommending them to the second respondent to appoint them, but thereafter, the petitioner has not been appointed to the said post. The repeated representations of the petitioner were also not met with appropriate reply. Hence, the petitioner has filed a writ of mandamus directing the respondents to consider the representation dated 01.04.2019 and pass appropriate orders within a specified time limit. 3.
The learned counsel for the third respondent submitted that due to some administrative reasons, 8 posts of Extension Officer Grade II and 2 posts of Junior Executive Officer only were filled in the selection process and thereafter, writ petitions have been filed in W.P. Nos. 25856 and 37364 of 2016 challenging the selection process and directions have been issued by this Court in the said writ petitions to issue fresh notification for the vacant post. The vacant post are said to be 5 in Extension Officer Grade II cadre and 2 in Junior Executive Officer cadre. Thereafter, the selection process has been conducted in accordance with the direction of this Court and posts were already filled up by appointing the persons qualified, who had passed the written examination and came meritorious in the oral interview. Insofar as the No Objection 3/6
Certificate is concerned, it is required only for those selected persons and not for others.
4.
Whatever may be the case, the petitioner, who is said to have given a representation, has not been dealt sofar. The petitioner may not be aware of the writ proceedings and subsequent issuance of the notification and hence, the action taken by the third respondent in this regard alone cannot be considered as the reply given to the petitioner's representation. 5.
During the pendency of the writ proceedings, the fourth respondent Commissioner, Milk Production has also been added as a party to this writ petition.
6.
It is seen from the records that the first respondent has forwarded the petitioner's representation to the fourth respondent, who would enquire and pass orders on the representation of the petitioner.
7. With the above observations, this writ petition is disposed by directing the fourth respondent to consider the representation of the petitioner in the light 4/6
of the earlier orders passed by getting appropriate report from the third respondent and dispose the same by passing appropriate orders on merits within a period of four weeks from the date of receipt of a copy of this order. No costs. 15.04.2025 Internet: Yes/No 2/2 Speaking /Non-speaking order Neutral Case Citation : Yes / No Maya To
1. The Registrar Tamilnadu Co-operative Societies 170, EVR Periyar High Road N.V.Natarajan Maligai, Kilpak, Chennai-600010.
2. The Director Milk Producers & Dairy Development Department Head Office, Aavin House Chemiyars Road, Chennai.
3. The General Manager Salem, Namakkal Districts Co-operative Milk Producers Union Ltd.
Chittanur, Thalavaipatty, Salem-636302.
4. The Commissioner Milk Production & Dairy Development Department Madhavaram, Chennai.
5/6
R.N.MANJULA, J.
Maya Dated : 15.04.2025 2/2 6/6