M.Kalai Arasan, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2015

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.28026 of 2015 M.Kalai Arasan ... Petitioner -Vs1.The Secretary to Government Food, Co-operation and Consumer Protection Department, Secretariat, Chennai - 600 009.

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

3.The Joint Registrar of Co-operative Societies, Salem Region, Salem - 636 001.

4.The Deputy Registrar of Co-operative Societies, Omalur Circle, Omalur, Salem District.

5.The President, S.327 N.N.Patti Primary Agricultural Co-operative Credit Society Ltd., Tholasampatti Post, Mettur Taluk, Salem District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the petitioner claim for appointment on compassionate grounds in the light of the petitioner representation dated 23.03.2015.

For Petitioner : Mr.G.Punniyakotti For Respondents: Mr.D.Venkadachalam, Government Advocate (Co-Op)

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The father of the petitioner while serving as Fertilizer Salesman in the service of the 5th respondent society died in harness on 06.11.2015. The petitioner was unable to continue his study on account of poverty. The mother of the petitioner has also submitted a representation on 12.01.2006 to the 5th respondent praying for settlement of the benefits as well as providing compassionate ground appointment and it was also acknowledged, but no steps have been taken to provide the petitioner with compassionate ground appointment and in this regard, the petitioner has also submitted a representation dated 23.03.2015 to the 4th respondent and since no order has been passed, came forward to file this writ petition.

3. Heard the submissions of Mr.G.Punniyakotti, learned counsel appearing for the petitioner and Mr.D.Venkadachalam, learned Government Advocate , who accepts notice on behalf of respondents 1 to 5.

4. This Court taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the same, directs the 4th respondent to consider and dispose of the petitioner's representation dated 23.03.2015 on merits and in accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

5. This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vsm

To 1.The Secretary to Government Food, Co-operation and Consumer Protection Department, Secretariat, Chennai - 600 009.

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

3.The Joint Registrar of Co-operative Societies, Salem Region, Salem - 636 001.

4.The Deputy Registrar of Co-operative Societies, Omalur Circle, Omalur, Salem District.

+1cc to Mr.G. Punniyakotti, Advocate, S.R.No.48345 +1cc to Mr.D. Venkatachalam, Advocate, S.R.No.49126 +1cc to the Government Pleader, S.R.No.48589 BVR(CO) EU(29/09/2015) W.P.No.28026 of 2015