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Madras High CourtWP/13862/2024disposed of

Cp 114 Tamil Nadu Minvariya v. Tamil Nadu Generation And

2025-11-14Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P.No.13862 of 2024 and W.M.P.No.14033 of 2024 CP 114 Tamil Nadu Minvariya Tirupur Kotta Paniyalargal Kootravu Chikkanam Matrum Kadan Sangam Limited, Rep. by it Secretary incharge, Tamil Nadu Generation and Distribution Corporation Limited, Sub-Station Complex, Kumar Nagar, Tirupur 641 603.

.....

Petitioner Vs 1.Tamil Nadu Generation and Distribution Corporation Limited, Rep. by its Superintending Engineer, Palladam Electricity Distribution Circle, Palladam 641 664, Tirupur District.

2.Executive Engineer (Operation & Maintenance), Tamil Nadu Generation and Distribution Corporation Limited, Palladam Electricity Distribution Circle, Palladam 641 664, Tirupur District.

3. S.Senthil Kumar .....

Respondents 1/5

Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring that the 1st and 2nd respondents should deduct the dues payable to the petitioner Sangam from the subsistence allowance payable to the third respondent in terms of ARC No.109/2015-2016 dated 27.02.2019 and ARC No.107/20152016 dated 27.02.2019 and consequently direct the 1st and 2nd respondents to pay the amount so deducted to the petitioner Sangam. For Petitioners : Mr.Balan Haridas For R1 & R2 : Mr.K.Rajkumar Standing Counsel For R3 : Mr.S.Selvathirumurugan

ORDER

This Writ Petition has been filed seeking a declaration declaring that the first and second respondents to deduct the dues payable to the petitioner from the subsistence allowance of the third respondent in terms of the decree obtained in ARC Nos.109/2015-2016 and 107/2015-2016 dated 27.02.2019.

2. On instructions, the learned Standing Counsel appearing for the respondents 1 and 2 submitted that in order to execute the decree obtained in ARC Nos.109/2015-2016 and 107/2015-2016 dated 2/5

27.02.2019 by the petitioner, they have to file an application before the Registrar of Co-operative Societies under Section 167 of the Tamil Nadu Co-operative Societies Act, for attachment of the property belonging to the third respondent, including his salary or terminal benefits.

3. It is seen that the third respondent has now been awarded with the punishment of compulsory retirement from service. However, the terminal benefits payable to the third respondent have not been disbursed so far.

4. In view of the above, the petitioner is at liberty to approach the District Registrar of Co-operative Societies for execution of the decree obtained in ARC Nos.109/2015-2016 and 107/2015-2016 dated 27.02.2019 in the manner known to law, within a period of two weeks from the date of receipt of a copy of this order. The District Registrar of Co-operative Societies is directed to complete the proceedings within a period of twelve weeks thereafter. Till such time, the first and second respondents are directed not to disburse the terminal benefits of the third respondent.

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5. With the above direction, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

14.11.2025 Index:Yes/No Speaking/Non speaking Lpp To 1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Palladam Electricity Distribution Circle, Palladam 641 664, Tirupur District.

2.The Executive Engineer (Operation & Maintenance), Tamil Nadu Generation and Distribution Corporation Limited, Palladam Electricity Distribution Circle, Palladam 641 664, Tirupur District.

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G.K.ILANTHIRAIYAN, J.

Lpp 14.11.2025 5/5