U. Rajendran, v. The Joint Registrat Of Coop.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.27705 of 2015 and M.P.No.1 of 2015 U.Rajendran

...Petitioner

- Vs -

1. The Joint Registrar of Coop. Societies, Nagapattinam Region, Nagapattinam, Nagapattinam District.

2. The Managing Director, T.917, Myladuthurai Consumer Coop.

Wholesale Stores Ltd., No.5-B, Narayana Pillai Street, Myladuthurai - 609 001.

Nagapattinam District.

...Respondents

Prayer:- Writ Petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to initiate appropriate action against the 2nd respondent for non-implementing the statutory order passed in Revision Petition in his proceedings Na.Ka.No.1609/2013/A-3, dated 31.10.2013 by initiating proceedings U/s.157 and 158 of Tamil Nadu Coop. Societies Act.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.R.Bala Ramesh Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The grievance expressed by the petitioner is that though the petitioner has succeeded before the first respondent in the revision filed under Section 153 of the Tamil Nadu Cooperative Societies Act, 1983 the said order has not been implemented by the second respondent and hence he has come forward to file this writ petition.

3. Mr.C.Prakasam, the learned counsel appearing for the petitioner would submit that the first respondent in exercise of its revisional jurisdiction, has passed a positive order dated 31.10.2013 for considering the claim of the petitioner to include his name for promotion and though nearly two years have lapsed, the second respondent has not chosen to comply with the said order and hence prays for appropriate orders.

4. Heard the submissions of Mr.R.Bala Ramesh, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 and 2.

5. The second respondent is bound to obey the order of the first respondent dated 31.10.2013 and that nearly two years have been lapsed and for the reasons best known to the second respondent, he did not chose to comply with the order passed by the first respondent. This Court in the light of the above facts and circumstances, directs the second respondent to comply with the order of the first respondent dated 31.10.2013, within a period of two weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly.

Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar kk

To

1. The Joint Registrar of Coop. Societies, Nagapattinam Region, Nagapattinam, Nagapattinam District.

2. The Managing Director, T.917, Myladuthurai Consumer Coop.

Wholesale Stores Ltd., No.5-B, Narayana Pillai Street, Myladuthurai - 609 001.

Nagapattinam District.

1 CC to the Government Pleader, SR.No. 48088 W.P.No.27705 of 2015 and M.P.No.1 of 2015 SCD (CO) PSI (09.09.2015)