T.Poongavanam v. The Joint Registrar Of Co-Operative Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.28069 of 2023 T.Poongavanam
...Petitioner
Vs
1. The Joint Registrar of Co-operative Societies, Villupuram Region, Villupuram District.
2. The Deputy Registrar of Co-operative Societies, Villupuram Circle, Villupuram District.
3. The Management of C.L.Spl 118, Kodur Primary Agricultural Co-operative Credit Society Limited, Rep. by its President/Secretary /Administrator, Villupuram District.
..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the petitioner retirement benefits namely EPF Rs.7,34,299/- and Gratuity of 1/5
Rs.6,47,100/- a total sum of Rs.13,81,399/- together with interest @ 12$ amounts from the date of retirement i.e 30.04.2023 till the payment is made within the stipulated time fixed by this Court. For Petitioner : Mr.L.P.Shanmugasundaram For Respondents : Mr.M.Bindran Additional Government Pleader for R1 and R2 Mr.C.Selvaraj Standing Counsel for R3
ORDER
Heard Mr.M.Bindran, learned Additional Government Pleader for respondents 1 and 2 and Mr.C.Selvaraj, learned Standing Counsel for 3rd respondent.
2.
The petitioner herein had made an application to the respondents on 28.08.2023, seeking for disbursement of retirement benefits. Since the said representation was not considered, the present writ petition has been filed.
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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 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 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 3rd respondent herein to consider the petitioner's application dated 28.08.2023, on its own merits and pass appropriate orders in accordance with law, within a period of four weeks 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. 3/5
No costs.
29.11.2023 Index:Yes/No Speaking order/Non-speaking order rka To
1. The Joint Registrar of Co-operative Societies, Villupuram Region, Villupuram District.
2. The Deputy Registrar of Co-operative Societies, Villupuram Circle, Villupuram District.
3. The Management of C.L.Spl 118, Kodur Primary Agricultural Co-operative Credit Society Limited, Rep. by its President/Secretary /Administrator, Villupuram District.
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M.S.RAMESH,J.
rka W.P.No.28069 of 2023 29.11.2023 5/5