Dr. N S B Rajeshkanna v. The Registrar Of Cooperative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.NO.13557 OF 2022 Dr.N S B Rajeshkanna ... Petitioner Vs.

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

2. The Additional Registrar/Managing Director, Tamil Nadu Cooperative Union, No.170, EVR Periyar Road, NVN Maaligai Kilpauk, Chennai - 600 010.

... Respondents PRAYER: This Writ Petition has been filed under Article 226 of the Constitution of India, to issue Writ of Mandamus to direct the first respondent to pass orders on the representation dated 17.03.2022 seeking consideration of the benefits of pay scale as per proceedings of the Registrar of Cooperative Societies made in RC.No.92088/2008/SF3 dated 21.08.2008, on merits and within a time to be stipulated by this Court.

For Petitioner :

Mr.E.Martin JayaKumar For Respondents :

Mr.E.Veda Bagath Singh Special Government Pleader

ORDER

By consent of both the parties, this writ petition is taken up for final disposal.

2.The petitioner herein had given a representation to the respondents on 17.03.2022 seeking for the benefits of pay scale as per proceedings of the Registrar of Cooperative Societies made in RC.NO.92088/2008/SF3, dated 21.08.2008. Since the said https://hcservices.ecourts.gov.in/hcservices/

representation was not considered, the present writ petition has been filed.

3.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4.In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 17.03.2022 on its own merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar Dua/Pns To

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

2. The Additional Registrar/Managing Director, Tamil Nadu Cooperative Union, No.170, EVR Periyar Road, NVN Maaligai Kilpauk, Chennai - 600 010.

W.P.No.13557 of 2022 PMK(CO) RLP(16/06/2022) https://hcservices.ecourts.gov.in/hcservices/