N.Manivannan v. The Registrar Of Co-Operative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH and W.M.P.No.34742 of 2023 N.Manivanan ... Petitioner Vs.

1.The Registrar of Co-operative Societies, No.170, N.V.N.Maligai, Kilpauk, Chennai - 10.

2.The Joint Registrar of Co-operative Societies, Cuddalore Region, Cuddalore.

3.The Deputy Registrar of Co-operative Societies, Cuddalore Circle, Cuddalore.

4.E2024, Kurinjipaid Primary Agricultural Co-operative Credit Society, Rep. by its Administrator / President, Kurinjipadi, Cuddalore District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to 1/4

pay the petitioner's retirement benefits viz. gratuity of Rs.9,92,088/-, provident fund of Rs.25,71,631/-, earned leave salary of Rs.4,18,096/-, and security deposit of Rs.5,000/- totally Rs.39,86,815/- with statutory interest at the rate of 15% from the date of retirement till the date of payment as per sections 78 and 79 of the Tamil Nadu Co-operative Societies Act and in the light of the decision reported in '2015 6 MLJ 684'.

For Petitioner : Mr.M.S.Palaniswamy For R1 to R3 : Mr.M.Bindran Additional Government Pleader For R4 : Mr.G.Rasava Nayasam Government Advocate

ORDER

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

2. The petitioner herein has given a representation to the first, second and third respondents on 02.11.2023, seeking to pay his retirement benefits along with interest. Since the said representation has not been considered till date, the present Writ Petition has been filed. 2/4

3. 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 amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the first, second and third respondents herein, to consider the petitioner's representation dated 02.11.2023, on their own merits and pass appropriate orders in accordance with law, within a period of eight (8) weeks 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 of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

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M.S.RAMESH,J.

Sni

5. With the above direction, the Writ Petition stands disposed of. No costs. Connected miscellaneous petition is closed. 15.12.2023 Index:Yes/No Speaking order/Non-speaking order Sni To 1.The Registrar of Co-operative Societies, No.170, N.V.N.Maligai, Kilpauk, Chennai - 10.

2.The Joint Registrar of Co-operative Societies, Cuddalore Region, Cuddalore.

3.The Deputy Registrar of Co-operative Societies, Cuddalore Circle, Cuddalore.

4.The Administrator/President, E2024, Kurinjipaid Primary Agricultural Co-operative Credit Society, Kurinjipadi, Cuddalore District.

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