G.Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. G.Kumar, S/o. Govindhasamy, No.1/3 Mariamman Koil Street, Malaiyur Village, Chengalpattu District Petitioner(s) Vs

1. The District Collector, Chengalpattu District, Chengalpattu 2.The Joint Registrar / Managing Director, G.C. 2408 Chengalpattu District Consumer Co-operative Wholesale Store, Chengalpattu , Chengalpattu District Respondent(s) PRAYER This Writ Petition has been filed seeking for issuance of a Mandamus, directing the respondents to dispose of the petitioner's representation dated 26.06.2025

submitted by the petitioner for revoking the order of suspension issued by the 2nd respondent herein in proceedings No. Na.Ka.01/2025 dated 19.04.2025 in the light of G.O Ms. No.81, Human Resources Management (N) Department, dated 04.08.2022 issued pursuant to the Supreme Court's Ruling in Ajay Kumar Choudhary V. Union of India (Civil Appeal No.1912 of 2015) and the Full Bench decision in P. Kannan V. Commissioner of Municipal Administration (2021 4 CTC 1).

For Petitioner(s):

Mr.T.Dharani For Respondent(s):

Mr.V.Jeevagiridharan, AGP

ORDER

By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2.This Writ Petition has been filed seeking for issuance of a Mandamus, to direct the respondents to dispose of the petitioner's representation dated 26.06.2025 for revoking the order of suspension issued by the 2nd respondent herein vide proceedings No. Na.Ka.01/2025 dated 19.04.2025 in the light of G.O Ms. No.81, Human Resources Management (N) Department, dated

04.08.2022 issued pursuant to the Supreme Court's Ruling in Ajay Kumar Choudhary V. Union of India (Civil Appeal No.1912 of 2015) and the Full Bench decision of this Court in P. Kannan V. Commissioner of Municipal Administration (2021 4 CTC 1).

3.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the material available on record.

4.The case of the petitioner is that while he was working in the Cooperative Society as a Salesman, he was placed under suspension by the second respondent vide proceedings No.Na.Ka.01/2025 dated 19.04.2025. The petitioner has sent a representation to the second respondent seeking to revoke the order of suspension in the light of the decision of the Hon'ble Supreme Court in the case of "Ajay Kumar Choudhary V. Union of India" (2015) 7 SCC 291 and also a Full Bench decision in "P. Kannan V. Commissioner of Municipal Administration (2021 4 CTC 1) which emphasize that the currency

of a suspension order must be for a short duration and since, it has not been considered, the petitioner was constrained to file the present Writ Petition. 5.The learned Addl.Government Pleader appearing for the respondents would fairly submit that the petitioner has given a representation to the Joint Registrar of Co-operative Societies and instead, a Statutory Appeal has to be filed seeking for revocation of suspension. He would further state that the Appellate Authority is the Registrar of Cooperative Societies and the petitioner has not impleaded him as a party respondent.

6. In view of the above, the petitioner is at liberty to give a representation to the Registrar of Cooperative Societies, who in turn, shall consider the same and pass appropriate orders in accordance with law and on its own merits within a period of twelve weeks from the date of receipt of the representation of the petitioner.

7. With the above direction, this Writ Petition is disposed of. However, it

is made clear that this Court has not made any observation with regard to the merits of the case and the Registrar of Co-operative Societies shall consider the representation of the petitioner on its own merits and in accordance with law uninfluenced by this order. No costs.

17-09-2025 dn Index:Yes/No

To 1.The District Collector Chengalpattu District , Chengalpattu 2.The Joint Registrar / Managing Director G.C. 2408 Chengalpattu District Consumer Co-operative Wholesale Store, Chengalpattu , Chengalpattu District

A.D.JAGADISH CHANDIRA, J.

dn 17-09-2025