A.Sivakumar v. The Deputy Registrar Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA and WMP.No.37493 of 2025 A.Sivakumar
...Petitioner
Vs.
1.
The Deputy Registrar/Managing Director, S.495, Krishnagiri Agricultural Producer's Co-operative Marketing Society, Pochamballi, Tirupathur Main Road, Krishnagiri District - 635 206. 2.
The Joint Registrar of Co-operative Society-Krishnagiri Region, No.24/43, 4th Cross Co-operative Colony, West Link Road, Krishnagiri - 635 001.
3.
The Registrar of Co-operative Societies, No.170, Periyar EVR High Road, Kilpauk, Chennai - 600 010.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for and quash the petitioner's suspension order dated 21.03.2023 issued by the 1st respondent and consequently directing the 1st respondent to reinstate the petitioner into 1/7
service and pay the petitioner's pending subsistence allowance with inerest. For Petitioner : M/s.J.Akshaykeerthi For Respondents : Mr.K.Tamilvendan, GA
ORDER
This Writ petition has been filed seeking quashment of the petitioner's suspension order dated 21.03.2023 issued by the 1st respondent and to consequently, direct the 1st respondent to reinstate the petitioner into service and also pay the pending subsistence allowance in favour of the petitioner.
2. K.Tamilvendan, learned Government Advocate takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that, he was working as a Salesman/ Weigher under the Tamil Nadu Civil Supplies Corporation since 1998. 2/7
While so, all of a sudden, the petitioner was placed under temporary suspension from 18.03.2023, vide proceedings of the 1st respondent dated 21.03.2023, on the ground that, a criminal case has been filed against the petitioner under Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and Essential Commodities Act, 1955 in Crime No.39 of 2023. Though, the petitioner requested the 1st respondent to provide him with a copy of the suspension order and further requested to conduct departmental enquiry and reinstate him, however, the same evoked no response and the petitioner remained suspended for a period of about 2 1⁄2 years and the petitioner has been paid subsistence allowance only till 14.12.2023. Aggrieved by the same, the petitioner sent a representation to the 2nd and 3rd respondents on 19.04.2025, seeking to reinstate him into service. However, till date, no orders have been passed on the said representation. Hence, the petitioner has come up with this writ petition, challenging the suspension order dated 21.03.2023 issued by the 1st respondent.
4. Heard learned counsel on either side and perused the materials available on record.
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5. Though very many grounds have been raised by the learned counsel on either side, at the time of arguments, the learned counsel for the petitioner restricted the prayer and submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 19.04.2025 and pass appropriate orders within the time stipulated by this Court.
6. Learned Government Advocate appearing on behalf of the respondents did not raise any serious objection for the limited request made by the learned counsel for the petitioner.
7. In view of the above, this Court, without expressing any opinion on the merits of the case and without interfering with the order impugned in this Writ petition, directs the petitioner to send a copy of his representation dated 19.04.2025 to the 1st respondent within a period of two weeks from the date of receipt of a copy of this order and upon receipt of such representation, the 1st respondent shall consider the said representation of the petitioner dated 4/7
19.04.2025 and pass appropriate orders on merits and in accordance with law, within a period of six (6) weeks thereafter, after hearing the petitioner and aggrieved persons, if any.
8. Accordingly, this Writ petition stands disposed of with the aforesaid directions. No costs. Consequently, the connected Miscellaneous petition is closed.
12.09.2025 (2/2) skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:
1.
The Deputy Registrar/Managing Director, S.495, Krishnagiri Agricultural Producer's Co-operative Marketing Society, Pochamballi, Tirupathur Main Road, Krishnagiri District - 635 206. A.D.JAGADISH CHANDIRA, J.
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skt 2.
The Joint Registrar of Co-operative Society-Krishnagiri Region, No.24/43, 4th Cross Co-operative Colony, West Link Road, Krishnagiri - 635 001.
3.
The Registrar of Co-operative Societies, No.170, Periyar EVR High Road, Kilpauk, Chennai - 600 010.
and WMP.No.37493 of 2025 (2/2) 12.09.2025 WMP.No.37491 of 2025 in 6/7
A.D.JAGADISH CHANDIRA, J.
The present miscellaneous petition filed seeking to dispense with the production of the original impugned suspension order issued by the 1st respondent dated 21.03.2023, is ordered as prayed for.
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