S.Nandakumar v. The Registrar Of Cooperative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH S. Nandakumar ... Petitioner Vs.

1.The Registrar of Cooperative Societies, NVN Maaligai, No.170, EVR Periyar Salai, Chennai - 10.

2.The Joint Registrar of Cooperative Socieites, Salem Region, Salem.

3.The Deputy Registrar of Cooperative Socieites, Omalur Circle, Omalur Taluk, Salem District.

4.The President, S.191, Konagapadi Primary Agricultural Cooperative Credit Society Ltd., Konagapadi Post, Omalur Taluk, Salem District - 636 502.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to 1/4

give employment to the petitioner on compassionate ground in the 4th respondent/S.191, Konagapadi Primary Agricultural Cooperative Credit Society Ltd., within a time stipulated by this Court. For Petitioner : Mr.L. Ramanathan For Respondents : Mr.P. Sanjay Gandhi, Special Government Pleader [R1 to R3] Mr.M. Shahjahan [R4]

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. The petitioner herein has given representations to the respondents on 02.07.2021 and 10.06.2023, seeking for employment on compassionate ground. Since the said representations were not considered, the present Writ Petition has been filed.

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 the respondents 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 2/4

Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of 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 respondents herein, to consider the petitioner's representation dated 10.06.2023, on its own merits and pass appropriate orders in accordance with law, within a period of three (3) months 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 of 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.

23.06.2023 Index:Yes/No Speaking order/Non-speaking order Sni 3/4

M.S.RAMESH,J.

Sni To 1.The Registrar of Cooperative Societies, NVN Maaligai, No.170, EVR Periyar Salai, Chennai - 10.

2.The Joint Registrar of Cooperative Socieites, Salem Region, Salem.

3.The Deputy Registrar of Cooperative Socieites, Omalur Circle, Omalur Taluk, Salem District.

4.The President, S.191, Konagapadi Primary Agricultural Cooperative Credit Society Ltd., Konagapadi Post, Omalur Taluk, Salem District - 636 502.

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