V.Duraisamy, v. The Registrar Of Cooperative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.07.2018 Coram The Hon'ble Mr.Justice Satrughana Pujahari Writ Petition No. 18861 of 2018 and W.M.P.No. 22236 of 2018 V. Duraisamy

...Petitioner

Vs.

1. The Registrar of Cooperative Societies, No. 170, EVR Periyar Road, Kilpauk, Chennai 600 010.

2. The Joint Registrar of Co-operative Societies, Kancheepuram Region, Kancheepuram.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the first respondent to pass orders on the representation Dt. 20-11-2017 seeking conversion of the charge memos on the basis of the 2nd respondents proceedings made in Lr. Na. Ka. No. 74817/2016/ O. Na. 1 Dt. 05-07-2017 on merits and as per law within a time to be stipulated by this Honourable Court.

For Petitioner : M/s. L. Chandrakumar For Respondents : Mr. L.P Shanmuga Sundaram, Special Government Pleader

O R D E R

Heard M/s.L.Chandrakumar, the learned counsel appearing for the petitioner and Mr.L.P.Shanmuga Sundaram, the learned Special Government Pleader, who accepts notice on behalf of the respondents. With consent on either side, the Writ Petition is taken up for disposal.

2. The grievance of the petitioner, in this case, is that though initially he was issued a proceeding under Section 17 (a) of Tamil Nadu Civil Services (Discipline and Appeals) https://hcservices.ecourts.gov.in/hcservices/

Rules, (hereinafter, referred to as Rules), later, the same was converted into a proceeding under Section 17(b), as against which, the petitioner has represented to review the order, vide representation dated 20.11.2017, which is pending with the first respondent. Since then, no decision has been taken. In such premises, he has come to this Court, challenging the inaction of the first respondent in consideration of such representation. 3.

Considering the limited prayer made by the petitioner, this Court is of the view that no useful purpose is going to be served by seeking a counter/reply affidavit from the respondents before disposal of the Writ Petition, inasmuch as, the Writ Petition can very well be disposed of granting the relief sought for without the reply affidavit. The learned counsel appearing for the respondents have also no objection for the same. Hence, this Court disposes the Writ Petition with a direction to the first respondent to take effective steps for the disposal of the representation of the petitioner, dated 20.11.2017, in accordance with law within a period of three weeks from the date of receipt of a copy of this order, if no other legal impediment is there, and communicate the decision taken to the petitioner. However, it is made clear that this Court has expressed no opinion on the merit of such representation. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS V) //True copy// Sub Assistant Registrar sd To

1. The Registrar of Cooperative Societies, No. 170, EVR Periyar Road, Kilpauk, Chennai 600 010.

2. The Joint Registrar of Co-operative Societies, Kancheepuram Region, Kancheepuram.

+1cc to Mr.P.T.Ramadevi, Advocate SR.No.50176 +1cc to Government Pleader SR.No.50378 Writ Petition No. 18861 of 2018 GN(09/08/2018) https://hcservices.ecourts.gov.in/hcservices/