R.Silambarasan v. The Joint Registrar Of Co-Operative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH R.Silambarasan

...Petitioner

Vs 1.The Joint Registrar of Co-operative Societies, Railway Road Line, Dharmapuri Circle, Dharmapuri.

2.The Deputy Registrar of Co-operative Societies, Railway Road Line, Dharmapuri Circle, Dharmapuri.

3.K.K.122, Thippireddy Halli, Primary Agricultural Co-operative Credit Societies, Rep. by its President, Thippireddy Halli-Post, Dharmapuri Taluk & District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pass a suitable order based on the resolution dated 31.12.2021 passed by the 3rd respondent by considering the petitioner's representations dated 15.07.2021, 24.09.2021, 24.05.2022 and 02.06.2022. 1/4

For Petitioner : Mr.T.C.Harinath For R1 & R2 : Mr.P.Baladhandayutham Special Government Pleader

ORDER

Heard Mr.T.C.Harinath, learned counsel for the petitioner and Mr.P.Baladhandayutham, learned Special Government Pleader for the respondents 1 and 2.

2. The petitioner herein had given various representations to the respondents, seeking for appointment on compassionate grounds. The said representations have not been considered till date and hence, the petitioner has preferred the present Writ Petition.

3. It is needless to point out that whenever representations 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 first respondent herein to consider the petitioner's representation dated 02.06.2022, in the light of the recommendation made by the third respondent dated 31.12.2021, 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.

19.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Joint Registrar of Co-operative Societies, Railway Road Line, Dharmapuri Circle, Dharmapuri.

2.The Deputy Registrar of Co-operative Societies, Railway Road Line, Dharmapuri Circle, Dharmapuri.

3.The President, K.K.122, Thippireddy Halli, Primary Agricultural Co-operative Credit Societies, Thippireddy Halli-Post, Dharmapuri Taluk & District.

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