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Madras High CourtWP/30159/2019disposed of

M.Jayakrishnan v. The Secretary To Government,

2019-10-23Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.30159 of 2019 and W.M.P.No.30115 of 2019 M.Jayakrishnan ... Petitioner Vs.

1.The Secretary to Government, Co-op., Food & Consumer Protection Dept, Fort St.George, Chennai-600 009 2.The Registrar of Co-operative Societies, NVN Maligai, Kilpauk, Chennai-600 010 3.The Director of Vigilance and Anti-Corruption, No.293, M.K.N.Salai, Collector Nagar, Alandur, Chennai-600 016 4.The Deputy Superintendent of Police, Vigilance and Anti-Corruption Wing, Bynapally Road, Opp.Krishnagiri Collectorate, Krishnagiri District 5.T.K.Prabakaran 6.P.Mohan ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first and second respondents herein to consider the representations dated 28.07.2019 and 16.09.2019 made by the petitioner to take necessary action against the fifth and sixth respondents for the alleged irregularities committed in pongal gift hamper distribution of the pongal festival 2019 in respect of sugarcane payments by according prosecution permission to the third and fourth respondents within stipulated time period as may be fixed by this Court.

For Petitioner : Mr.T.Sundaravadanam For R1 and R2 : Mr.R.Balaramesh, Special Government Pleader (Co-op) For R3 and R4 : Mr.A.N.Thambidurai, Special Government Pleader 1/3

O R D E R

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.The case of the petitioner is that the petitioner is a member as well as an Ex-employee of the Society. On 04.10.2019 the management of the said Society sent representations to the Director of DVAC for taking proper penal action against the Joint Registrar and the Managing Director, who misappropriated money to the tune of Rs.56,54,543/- but till date the same have been not considered. Hence, the petitioner has filed the present petition.

3.Heard both sides.

4.The learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the respondents to take action on the complaint made by the management of the said society and pass orders, within a stipulated time fixed by this Court.

5.Mr.R.Balaramesh, learned Special Government Pleader appearing for the respondents 1 and 2 would submit that the petitioner has no locus standi to file the writ petition since he is neither a member nor in the management of the society, however if any direction is issued, the respondents will pass orders in accordance with law.

6. Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents 3 and 4 would submit that if any complaint is received, the same will be considered and orders will be passed in accordance with law and as per the Manual concerned.

7. The learned counsel for the petitioner would submit that to the extent also, the petitioner made representation on 16.09.2019 to the third respondent.

8. Though the petitioner has sought for a larger relief, this Court without going into the merits of the case, directs the respondents to consider the representations dated 28.07.2019 and 16.09.2019 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

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9.With the above direction, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Co-op., Food & Consumer Protection Dept, Fort St.George, Chennai-600 009 2.The Registrar of Co-operative Societies, NVN Maligai, Kilpauk, Chennai-600 010 3.The Director of Vigilance and Anti-Corruption, No.293, M.K.N.Salai, Collector Nagar, Alandur, Chennai-600 016 4.The Deputy Superintendent of Police, Vigilance and Anti-Corruption Wing, Bynapally Road, Opp.Krishnagiri Collectorate, Krishnagiri District +1 cc to M/s.T.Sundaravadanam, Advocate Sr.No. 88899 +1 cc to The Government Pleader Sr.No.89681 AKM/04.12.19/3P- 7C / W.P.No.30159 of 2019 3/3