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Madras High CourtWP/21287/2021dismissed

G.Kaliyamurthy v. The Secretary

2024-02-09Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.21287 of 2021 and W.M.P.No.22528 of 2021 G.Kaliyamurthy ... Petitioner Vs.

1.The Secretary, Co-operative Society Department, Secretariat, Pondicherry.

2.The Registrar, Co-operative Societies, VVP Nagar, Thattanchavadi, Pondicherry.

3.The Deputy Registrar, Office of the Deputy Registrar of Co-operative Societies, Perun Thalaivar Kamarajar Administrative Complex, Madagadi, Karaikal 609 102.

4.The Administrator, Karai-Kovilpathu Primary Agricultural Co-operative Credit Society Limited, No.P.139, Thalateru, Karaikal 609 605.

5.Ravi @ Manivannan ... Respondents Page No.1 of 4

Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 not to disburse the entire retirement benefits of the 5th respondent without conducting the domestic enquiry including initiating criminal action against the 5th respondent as per the petitioner's representation dated 19.07.2021.

For Petitioner : Mr.M.Tamizhavel For Respondents : Mr.V.Vasanthakumar, AGP(Pondy) for R1-R4

ORDER

This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents 1 to 4 not to disburse the entire retirement benefits of the 5th respondent without conducting the domestic enquiry including criminal action against the 5th respondent as per the petitioner's representation dated 19.07.2021.

2. Heard Mr.M.Tamizhavel, learned counsel for the petitioner and Mr.V.Vasanthakumar, learned Additional Government Pleader (Pondy) for the respondents 1 to 4.

3. The petitioner who claims to be a member of the fourth Page No.2 of 4

respondent Society has filed this Writ Petition seeking direction against the respondents 1 to 4 not to disburse the entire retirement benefits to the fifth respondent without conducting a domestic enquiry.

4. The petitioner is a third party to the domestic enquiry that might be conducted against the fifth respondent by the authorities concerned. If the petitioner is really aggrieved, he could file a complaint before the police and get a case registered. The petitioner has no locus standi to file this Writ Petition and hence it is liable to be dismissed.

5. In view of the above stated reasons, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

09.02.2024 Index : Yes /No Internet : Yes/No Speaking / Non-speaking gsk Page No.3 of 4

R.N.MANJULA , J.

gsk To 1.The Secretary, Co-operative Society Department, Secretariat, Pondicherry.

2.The Registrar, Co-operative Societies, VVP Nagar, Thattanchavadi, Pondicherry.

W.P.No.21287 of 2021 and W.M.P.No.22528 of 2021 3.The Deputy Registrar, Office of the Deputy Registrar of Co-operative Societies, Perun Thalaivar Kamarajar Administrative Complex, Madagadi, Karaikal 609 102.

4.The Administrator, Karai-Kovilpathu Primary Agricultural Co-operative Credit Society Limited, No.P.139, Thalateru, Karaikal 609 605.

09.02.2024 Page No.4 of 4