Madras High CourtWP/29214/2017disposed of

C. Jaya Gopi v. The Vellore Dt. Committee Of

2019-11-15Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2019 Coram The Honourable Mr.Justice D.Krishnakumar W.P.No.29214 of 2017 C. Jaya Gopi

...Petitioner

Vs.

1.The Vellore District Committee of Common Cadre Service for Secretaries of Primary Agricultural Cooperative Banks, rep. By its President Cum Joint Registrar of Coop. Societies, Collectorate Campus, Sathuvachari, Vellore - 632 009. 2.Kaniyambadi Primary Agricultural Co-operative Bank Ltd., rep. by its President, Kaniyambadi, Vellore District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to pass orders on the petition under Section 153 (1) of the Cooperative Society Act, 1983, dated 27.08.2014, within a reasonable period.

For Petitioner : Mrs. Nalini Baskaran For Respondent-1: M/s.T.Girija Government Advocate For Respondent-2: Mr. L.P.Shanmugasundaram, Special Government Pleader

O R D E R

Heard Mrs. Nalini Baskaran, the learned counsel appearing for the petitioner, M/s.T.Girija, learned Government Advocate for the first respondent and Mr. L.P.Shanmugasundaram, learned Special Government Pleader for the second respondent.

2. The grievance of the petitioner in this Writ Petition is that, he has filed a Petition under Section 153 (1) of the Cooperative Society Act, 1983 before the first respondent

seeking subsistence allowance during the suspension period. Such Petition is pending since 27.08.2014, but the first respondent has not addressed the same. Hence, he has filed this Writ Petition seeking to issue mandamus upon the first respondent to consider and pass orders on the said Petition. 3.

The learned counsel appearing for the petitioner submits that since the first respondent is guilty of inaction in disposal of such review petition, a direction as prayed for may be given to dispose of the petition within a stipulated period. 4.

The learned Government Advocate for the first respondent produced a proceedings of the first respondent addressed to the Special Government Pleader, High Court, Madras, dated 14.11.2019, and submitted that the Review Petition filed by the petitioner is pending before the first respondent/Revisional Authority and the same would be considered and orders would be passed in accordance with law. 5.

Considering the aforesaid facts and the submissions made, this Court disposes of this Writ Petition with a direction to the first respondent to consider and dispose of the Review Petition filed by the petitioner under Section 153 (1) of the Cooperative Society Act, 1983, in accordance with law, in the light of the proceedings, dated 14.11.2019, within a period of twelve weeks from the date of receipt of a copy of this order. However, it is made clear that this Court has expressed no opinion on the merit of Writ Petition in any manner. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sd To 1.The President Cum Joint Registrar of Coop. Societies, The Vellore District Committee of Common Cadre Service for Secretaries of Primary Agricultural Cooperative Banks, Collectorate Campus, Sathuvachari, Vellore - 632 009. 2.The President, Kaniyambadi Primary Agricultural Co-operative Bank Ltd., Kaniyambadi, Vellore District.

+1cc to Mr.K.V.Sajeev Kumar, Advocate SR.95448 +1cc to Mr.L.P.Shanmugasundaram, Advocate SR.95537 +1cc to Spl Government Pleader(Co-Op), SR.95539 W.P.No.29214 of 2017 KK(CO) CB(06/01/2020)