K.V.Shaji v. The Principal Secretary To Governemnt,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No. 11741 of 2022 K.V.Shaji .. Petitioner Vs.
1. The Principal Secretary to Government Industries Department Secretariat, Chennai 600 009.
2 The Industries Commissioner and Director of Industries and Commerce Registrar of Industrial Co - Operatives Guindy, Chennai 600 032.
3 The Managing Director Ind.No.1415 The Frontier Industrial Co- operative Tea Factory Ltd. Erumad Konnachal Post Pandalur Taluk The Nilgiris 643 239.
4 Y.Yesudas ALS / Production The Frontier Industrial Co- operative Tea Factory Ltd. Erumad Konnachal Post, Pandalur Taluk, The Nilgiris 643 239.
.. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the Review Petition dated 22/11/2020 filed by the petitioner under section 154 of Tamil Nadu Co-operative Societies Act 1983 and pending before him within a time frame to be fixed by this Court. For Petitioners : Mr. K.Lavan For Respondents : Mr. P.Ganesan, GA - R1 to R3 Mr. T.N.C. Kaushik -R3
ORDER
By consent of both the learned counsels appearing for the parties concerned, the present writ petition is taken up for
disposal.
2. The relief sought for in the writ petition is for a direction to the respondents to dispose of the Review Petition dated 22.11.2020.
3. The learned counsel for the petitioner submitted that the petitioner was appointed in the cadre of permanent worker in the production side of the Frontier Industrial Co-operative Tea Factory Ltd and his service was regularised on 01.09.1990. As per the seniority list dated 17.11.2018, the 3rd respondent has recommended the petitioner and the 4th respondent for promotion to the post of Assistant Leaf Supervisor. While that being so, the 3rd respondent has promoted the 4th respondent by ignoring the petitioner by proceedings dated 10.01.2019. Aggrieved against the same, the petitioner filed revision petition under Section 153 of the Tamil Nadu Co-operative Societies Act before the 2nd respondent and the same was rejected by the 2nd respondent by order dated 24.08.2020. Aggrieved against the same, the petitioner has filed review petition dated 22.11.2020 before the 1st respondent. Since the 1st respondent has not passed any order on the review petition, the present writ petition has been filed by the writ petition seeking mandamus.
4. The learned Government Advocate, on instructions would submit that the said review petition will be considered and orders will be passed by the 1st respondent ,within a time frame as fixed by this Court.
5. Having regard to the submissions made by the learned counsels on either side and in view of the limited prayer sought for by the learned counsel for the petitioner, this Court, without expressing any opinion and without going into merits of the case, is inclined to direct the 1st respondent to consider the review petition dated 22.11.2020 filed by the petitioner and pass appropriate orders, in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above directions, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ak
To
1. The Principal Secretary to Government, Industries Department Secretariat, Chennai 600 009.
2 The Industries Commissioner and Director of Industries and Commerce, Registrar of Industrial Co - Operatives, Guindy, Chennai 600 032.
+1cc to Mr. K.Lavan, Advocate, S.R.No.33378 +1cc to the Government Pleader, S.R.No.33615 W.P.No. 11741 of 2022 RK(CO) CT/16/06/2022