M.Shahul Hameed, v. The Registrar Of Co-Operative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.08.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.29361 of 2016 M.Shahul Hameed .. Petitioner Vs.

1.The Registrar of Co-operative Societies, N.V.N.Maligai, Kilpauk, Chennai - 600 010.

2.The Additional Registrar of Co-operative Societies, Chennai Region, TANFED Building, St.Mary's Road, Chennai - 600 018.

3.The President, Chennai Central Co-operative Bank, No.215, Prakasam Salai, Chennai - 600 108.

4.The Managing Director, Chennai Central Co-operative Bank, No.215, Prakasam Salai, Chennai - 600 108.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to dispose of the petitioner's two representations dated 27.06.2016 and consequently direct the first respondent to grant interim relief of Rs.15,000/- per month and to pay arrears of interim relief of Rs.5,00,000/- [Rupees Five Lakhs Only] to the petitioner from the interest earned from this retired employees Ex.gratia Pension Corpus Fund deposited in various schemes by the Chennai Central Co-operative Bank form the year 2010 onwards.

For Petitioner : Dr.P.Vasudevan For Respondent Nos.1 & 2: Mrs.Girija Government Advocate For Respondent Nos.3 & 4: Mr.Bala Ramesh Additional Government Pleader

O R D E R

By consent, the Writ Petition is taken up and disposed of at the stage of admission itself.

2.This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to dispose of the petitioner's two representations dated 27.06.2016 and consequently direct the first respondent to grant interim relief of Rs.15,000/- per month and to pay arrears of interim relief of Rs.5,00,000/- [Rupees Five Lakhs Only] to the petitioner from the interest earned from this retired employees Ex.gratia Pension Corpus Fund deposited in various schemes by the Chennai Central Co-operative Bank form the year 2010 onwards. 3.The petitioner joined service as Assistant in the year 1986 and promoted as Assistant Manager and subsequently retired from service on 31.01.2015. According to the petitioner, he made representations to the respondents to pay arrears but till date no orders have been passed and hence, the Writ Petition has been filed.

4.Dr.P.Vasudevan, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if his representations are directed to be considered and appropriate orders are passed as expeditiously as possible. 5.Mrs.Girija, learned Government Advocate appearing for the respondents 1 and 2 and Mr.Bala Ramesh, learned Additional Government Pleader appearing for the respondents 3 and 4 have got no serious objection for directing the respondents to consider the representations of the petitioner and pass appropriate orders, on merits and in accordance with law. 6.Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioner, directs the respondents, to consider the representations of the petitioner, dated 27.06.2016, and pass appropriate orders, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.

7.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sri To 1.The Registrar of Co-operative Societies, N.V.N.Maligai, Kilpauk, Chennai - 600 010.

2.The Additional Registrar of Co-operative Societies, Chennai Region, TANFED Building, St.Mary's Road, Chennai - 600 018.

3.The President, Chennai Central Co-operative Bank, No.215, Prakasam Salai, Chennai - 600 108.

4.The Managing Director, Chennai Central Co-operative Bank, No.215, Prakasam Salai, Chennai - 600 108.

1 cc to Mr.P.Vasudevan, Advocate, sr.47787 W.P. No.29361 of 2016 rk co kra 15.09.2016