T.Krishnaveni v. The Joint Registrar Of Co-Operative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:30.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH & W.M.P.No.33323 of 2023 T.Krishnaveni
...Petitioner
Vs 1.The Joint Registrar of Cooperative Societies Coimbatore Region Coimbatore
2. The Deputy Registrar of Cooperative Societies Coimbatore Region Coimbatore
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to regularize the services of petitioner by passing necessary orders by considering the petitioners written representation dated 27.09.2023. For Petitioner : Mr.L.P.Shanmugasundaram For Respondents : Mrs.V.Yamuna Devi Special Government 1/5
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. Heard Mr.L.P.Shanmugasundaram, learned counsel for the petitioner and Mrs.V.Yamuna Devi, learned Special Government Pleader appearing for the respondents.
3. The petitioner herein had given a representation dated 27.09.2023 to the second respondent to regularize the services of petitioner. Since the said representation was not considered, the present writ petition has been filed.
4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would 2/5
amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.
5. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 27.09.2023, on its own merits and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits. This Court has taken into consideration of the fact that the petitioner has been continuously engaged for the past 9 years and therefore, till the consideration of the petitioner's representation, her services shall not be disturbed by the respondents.
6. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 30.11.2023 Index:Yes/No 3/5
Speaking order/Non-speaking order gpa To 1.The Joint Registrar of Cooperative Societies Coimbatore Region Coimbatore
2. The Deputy Registrar of Cooperative Societies Coimbatore Region Coimbatore 4/5
M.S.RAMESH,J.
gpa 30.11.2023 5/5