D.Murugan v. The Joint Registrar Of Cooperative Societies,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH D.Murugan
...Petitioner
Vs 1.The Joint Registrar of Cooperative Societies, Villupuram Region, Villupuram - 605 602, Villupuram District.
2.The Deputy Registrar of Cooperative Societies, Tindivanam Circle, Tindivanam - 604 001, Villupuram District.
3.The President, CL.SPL.160, Pathirappuliyur Primary Agricultural Cooperative Credit Society, Pathirappuliyur, Tindivanam Taluk, Villupuram District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 03.10.2022. 1/4
For Petitioner : Mr.C.Prakasam For R1 & R2 : Mr.S.Prabhakaran, Government Advocate For R3 : Ms.P.Vijayadevi, Government Advocate
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The petitioner herein had given a representation to the respondents on 03.10.2022 seeking for promotion to the post of Writer. The said representation has not been considered till date and hence, the petitioner has preferred the present Writ Petition.
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 him 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, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in 2/4
invoking its extraordinary powers under Article 226 of the Constitution of the 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 second and third respondents herein to consider the petitioner's representation dated 03.10.2022 on its own merits and pass appropriate orders in accordance with law, within a period of six 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 made by 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. Consequently, connected miscellaneous petition is closed. 05.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4
M.S.RAMESH,J.
hvk To 1.The Joint Registrar of Cooperative Societies, Villupuram Region, Villupuram - 605 602, Villupuram District.
2.The Deputy Registrar of Cooperative Societies, Tindivanam Circle, Tindivanam - 604 001, Villupuram District.
3.The President, CL.SPL.160, Pathirappuliyur Primary Agricultural Cooperative Credit Society, Pathirappuliyur, Tindivanam Taluk, Villupuram District.
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