← Library
Madras High CourtWP/32574/2025disposed of

P.Chinnasamy v. The Registrar

2025-08-29Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.08.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA P.Chinnasamy ... Petitioner Vs 1.The Registrar Co-operative Societies N.V.Natarajan Maligai No.170, E.V.R.Periyar High Road Kilpaukkam, Chennai - 10.

2.The Joint Registrar Cooperative Society Tiruppur Zone Tiruppur District.

3.The Administrator K.1104, Elayamuthur Primary Agricultural Co-operative Credit Society Elayamuthu Post, Udumalpet Taluk Tiruppur District - 642 154.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent authority to pay the balance amount towards payment of subsistence allowance by applying appropriate calculation in accordance with the Tamil Nadu Payment of 1/5

Subsistence Allowance Act 1981 by disposing of the petitioner's representation dated 11.07.2025 and reminder representation dated 04.08.2025 within the time frame stipulated by this Court.

For Petitioner : Mr.M.Sudhan For Respondents : Mr.K.Tamilvendhan for R1 to R3

ORDER

The present writ petition is filed seeking a mandamus to the third respondent to dispose of his representations dated 11.07.2025 and 04.08.2025, seeking balance payment of subsistence allowance which he is entitled to.

2. The petitioner who was initially appointed as a clerk in the third respondent Society on 20.04.1992, was promoted to the post of Secretary on 01.08.1992. During his employment, he had been suspended from service by the second respondent on account of a criminal case pending against him, which also ended in an acquittal on 06.03.2023. Subsequent to which, he was reinstated in service on 28.04.2023, and he had superannuated on 30.04.2023. Even after a lapse of one year of his retirement and despite submitting his representations to the respondents, he was not paid his terminal benefits. 2/5

Hence, we was constrained to approach this Court by filing writ petitions in W.P.No.29232 of 2024 and W.P.No.20934 of 2025, claiming subsistence allowance during his suspension period. Both the writ petitions came to be disposed of.

2.2 Pursuant to the orders of this Court dated 17.06.2025 in W.P.No.20934 of 2025, he was paid the subsistence allowance to the tune of Rs.8,37,969/- by the proceedings of the third respondent dated 10.07.2025. According to the petitioner, he was entitled to a total sum of Rs.15,36,655/- and therefore had submitted his representation on the very next date i.e., 11.07.2025 to the third respondent requesting to pay the balance amount of Rs.6,98,688/-. Since, no action was taken on the said representation, the petitioner had sent a reminder on 04.08.2025, enclosing the working sheet, and the same was also kept unattended by the respondents to date. Hence, the present writ petition before this Court.

3. Mr.K.Tamilvendhan, learned counsel appearing for the respondents on instructions would submit that the subsistence benefit which the petitioner would be entitled to, would be disbursed within three weeks time. 3/5

4. Recording the submissions of the leaned counsel for the respondents that the balance payment of subsistence allowance would be disbursed to the petitioner within three weeks time, the writ petition is disposed of. No costs. 29.08.2025 Index : Yes / No ds To:

1.The Registrar Co-operative Societies N.V.Natarajan Maligai No.170, E.V.R.Periyar High Road Kilpaukkam, Chennai - 10.

2.The Joint Registrar Cooperative Society Tiruppur Zone Tiruppur District.

3.The Administrator K.1104, Elayamuthur Primary Agricultural Co-operative Credit Society Elayamuthu Post, Udumalpet Taluk Tiruppur District - 642 154.

4/5

P.T. ASHA, J, ds 29.08.2025 5/5