T.Ponnambalam v. The Deputy Registrar Of Co- Operative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:29.11.2022 Coram The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.31903 of 2022 T.Ponnambalam .. Petitioner Vs The Deputy Registrar of Co-operative Societies (Housing), Chennai Region, Chennai, No.18, Ramanathan Street, T.Nagar, Chennai - 600 017.

.. Respondent Petition filed under Article 226 of the Constitution of India praying to issue writ of mandamus directing the respondent to dispose of the petitioner's representation dated 04.07.2022. For Petitioner :

Mr.S.Illamvaludhi For Respondent :

Mr.G.Ameedius, Government Advocate 1/5

ORDER

This writ petition has been filed for a mandamus seeking for a direction to the respondent to pass final orders on the petitioner's representation dated 04.07.2022 seeking for payment of his gratuity, provident fund and security deposit within a time frame to be fixed by this Court.

2.

The petitioner claims that he has been allowed to retire from service on 30.06.2010. According to him, even though surcharge proceedings were initiated against him and challenge to the same is still pending before this Court in W.P. No.3119 of 2019, he is entitled for gratuity, provident fund and security deposit. According to him, the gratuity amount, provident fund amount and security deposit cannot be retained by the respondent just because surcharge proceedings are pending against him. The petitioner has given a representation on 04.07.2022 to the respondent requesting to disburse his gratuity, provident fund and security deposit. Since the said representation has not been considered till date, he has filed this writ petition.

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3.

Heard Mr.S.Illamvaludi, learned counsel for the petitioner and Mr.G.Ameedius, learned Government Advocate, who takes notice on behalf of the respondent.

4.

No prejudice would be caused to the respondent if the petitioner's representation referred to supra is considered on merits and in accordance with law within a time frame to be fixed by this Court.

5.

For the foregoing reasons, this Court directs the respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 04.07.2022 requesting the respondent to disburse his gratuity, provident fund and security deposit within a period of twelve weeks from the date of receipt of a copy of this order.

6.

With the aforesaid direction, the writ petition is disposed of. No costs.

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Index:Yes/No mmi To The Deputy Registrar of Co-operative Societies (Housing), Chennai Region, Chennai, No.18, Ramanathan Street, T.Nagar, Chennai - 600 017.

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ABDUL QUDDHOSE,J.

mmi W.P.No.31903 of 2022 29.11.2022 5/5