K.Chinnasamy v. The Joint Registrar Of Co.Operative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR K.Chinnasamy ... Petitioner Vs.

1.The Joint Registrar of Co. Operative Societies, Erode Region, Erode, Erode District.

2.The Co.Operative Sub Registrar, AA548, Seenapuram Sullipalayam Primary Agricultural Co-operative Credit Society Ltd., Thudupathi, Perundurai, Erode - 638 057.

3.Boopathi ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the representation of the petitioner dated 09.10.2024 in accordance with law. For Petitioner : Mr.D.Balachandran For R1 : Mr.A.Anandan Government Advocate For R2 : Mr.P.Rajeswari

O R D E R

The petitioner herein, while working as Assistant Secretary in AA528, Vazhaithottam Primary Agricultural Co-operative Credit Society, Erode District, was subjected to disciplinary proceedings, and punishment of reduction in rank from the post of Assistant Secretary to the post of Clerk was imposed by an order dated 31.03.2012. Aggrieved by the same, the petitioner filed W.P.No.6267 of 2013 and eventually the said writ petition was allowed by this Court, by an order dated 18.04.2023, setting aside the order of punishment. Consequently, the petitioner was reinstated into service and then, further promoted to the post of Secretary and posted at AA188, Perundurai RS Primary Agricultural Co-operative Credit Society Limited and thereafter, he was subject to transfer from one Society to other Society and finally, he was posted to AA548, Seenapuram, Sullipalayam, Primary Agricultural Co-operative Credit Society as Secretary. 2.

While the petitioner was working as Secretary in the said Society, some dispute arose between the petitioner and the 3rd respondent in connection with maintenance of the records of the said Society. In this regard, the petitioner appears to have made a complaint before the 1st respondent on 09.10.2024 alleging that the 3rd respondent herein, is not

coming to the Society punctually and has not handed over the record in a proper manner, and also confined the petitioner in record room under lock and key, etc. The said representation dated 09.10.2024 stated to be still pending for consideration before the 1st respondent, thereby, the petitioner is prevented from discharging his duties as Secretary of AA548, Seenapuram, Sullipalayam, Primary Agricultural Co-operative. Under those circumstances, the petitioner approached this Court by filing the present writ petition seeking direction for consideration of his representation dated 09.10.2024. 3.

Mr.A.Anandan, learned Government Advocate appearing for the 1st respondent, and Ms.P.Rajeswari, learned counsel appearing for the 2nd respondent submitted that the 1st respondent would consider the representation dated 09.10.2024 submitted by the petitioner, and an appropriate order would be passed within a short time.

4.

In the light of the above, this Court does not deem it necessary to order notice to the 3rd respondent, as this Court is not delving into the merits of the matter and is only directing the 1st respondent to take appropriate action on the representation dated 09.10.2024 submitted by the petitioner in accordance with law.

5.

In the light of the above, this writ petition is disposed of directing the 1st respondent to consider the representation dated 09.10.2024 stated to have been submitted by the petitioner and pass appropriate orders thereon strictly in accordance with law within a period of six (6) weeks from the date of receipt of a copy this order. In case, if the 1st respondent intends to pass any adverse orders against the 3rd respondent, the 1st respondent shall put the 3rd respondent on notice and then pass orders as directed above. 5.

Accordingly, this writ petition is disposed of. The connected miscellaneous petitions, if any, shall stand closed. No costs. 09.12.2024 dpa Index : Yes / No Speaking order / Non-speaking order

To 1.The Joint Registrar of Co. Operative Societies, Erode Region, Erode, Erode District.

2.The Co.Operative Sub Registrar, AA548, Seenapuram Sullipalayam Primary Agricultural Co-operative Credit Society Ltd., Thudupathi, Perundurai, Erode - 638 057.

MUMMINENI SUDHEER KUMAR, J.

dpa W.P.No.

36554 of 2024 09.12.2024