M.Loganathan v. The Registrar Of Co-Operative Societies,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2023

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA and W.M.P.No.13655 of 2023 M.Loganathan ... Petitioner Vs.

1.The Registrar of Co-operative Societies, Kilpauk, Chennai - 600 010.

2.The Joint Registrar of Co-operative Societies, No.64, 5th Cross Street, Appavur Nagar, Dharmapuri - 636 701.

3.The Deputy Registrar, Cooperative Societies, Dharmapuri District.

4.The Secretary, Co-operative Societies, S3840 PACCS Kummanur Dharmapuri District.

5.C.Manju ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents authorities to promote the petitioner by disposing of the petitioner's representation dated 16.04.2023 within a stipulated time.

For Petitioner : Ms.V.Ranjitha For Respondents : Mr.V.Manoharan, Additional Government Pleader for respondents 1 to 4

ORDER

This writ petition has been filed by the petitioner seeking issuance of a writ of mandamus directing the respondent authorities to promote the petitioner by considering his representation dated 16.4.2023.

2. The case of the petitioner is that he is working in the fourth respondent Society for the past 10 years and in the course of granting promotion to its employees pursuant to the order dated 13.2.2023 passed in W.P.No.3972 of 2023, the fourth respondent Society is taking steps to promote the fifth respondent, who is junior to the petitioner. The further case of the petitioner is that he is a graduate and eligible for promotion and without even 2/5

considering the service rules, the fourth respondent is attempting to give promotion to the fifth respondent. The petitioner has submitted a representation dated 16.4.2023 to the respondent authorities to consider his claim for promotion. As the said representation did not evoke any response, the petitioner has filed the present writ petition.

3. When the writ petition is taken up for hearing, learned Additional Government Pleader appearing for the respondent authorities, submitted that, if four weeks' time is granted, the third respondent will consider and dispose of the representation of the petitioner.

4. In the light of the aforesaid submission made by learned Additional Government Pleader, without going into the merits of the representation submitted by the petitioner, the writ petition is disposed of with a direction to the third respondent to consider and pass orders on the representation of the petitioner dated 16.4.2023 on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after notice to all concerned, including the fifth respondent. 3/5

5. The writ petition is disposed of accordingly. There will be no order as to costs. Consequently, W.M.P.No.13655 of 2023 is closed. 05.05.2023 Internet : Yes / No sasi/bbr To 1.The Registrar of Co-operative Societies, Kilpauk, Chennai - 600 010.

2.The Joint Registrar of Co-operative Societies, No.64, 5th Cross Street, Appavur Nagar, Dharmapuri - 636 701.

3.The Deputy Registrar, Cooperative Societies, Dharmapuri District.

4.The Secretary, Co-operative Societies, S3840 PACCS Kummanur Dharmapuri District.

4/5

A.D.JAGADISH CHANDIRA, J.

sasi/bbr 05.05.2023 5/5