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Madras High CourtWP/50729/2025disposed of with direction

M.Vanisujatha v. The Principal Secretary To Government

2026-01-07Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-01-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI M.Vanisujatha W/o.C.Murugan, No.12/6A, Aaraya Street, Koorainadu Post, Mayladuthurai Taluk, Mayiladuthurai District-609 002 ..Petitioner(s) Vs

1. The Principal Secretary to Government Co-operation Department, Fort St.George, Chennai-600 009

2. The Registrar of Co-operative Societies(Housing) Kilpauk, Chennai-600 010

3. The Regional Deputy Registrar of Societies (Housing) 103, 10th Street, Natarajapuram South Colony, Thanjavur-613 007

4. The Liquidator-Cum-Cooperative Sub Registrar 103, 10th Street, Natarajapuram South Colony, Thanjavur-613 007 ..Respondent(s) Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider petitioner's representations sent through her counsel dated 27.6.2025 praying to pay the sum of Rs.9,81,200/- as salary arrears.

For Petitioner(s):

R.Lakshmi Narayanan For Respondent(s):

Mr.R.Murthi Government Advocate

ORDER

This writ petition has been filed seeking a direction to the respondents to consider petitioner's representations sent through her counsel dated 27.6.2025 praying to pay a sum of Rs.9,81,200/- as salary arrears. 2.The case of the petitioner is that the 'Z-3 Mayuram Co-operative Building Society was established on 18.01.1947 for the purpose of granting housing loans to its members. The petitioner joined the Society as Junior Assistant/Typist on 09.09.1996. During the audit of the accounts of the Society for the year 2014-2015, it was found that the Society is running at a loss of Rs.346.62 lakhs. Consequently, a decision was taken to liquidate and the 3rd respondent issued proceedings on 09.01.2018 in exercise of the powers under Section 137(2)(b) of the Tamil Nadu Co-operative Societies Act, 1983. The petitioner was not paid her monthly salary for several months prior to the date of liquidation. A sum of Rs.9,81,200/- is due and payable as salary and service benefits to the petitioner till the date of liquidation. The petitioner had earlier

filed W.P No.13374 of 2017 seeking sanction of salary and an injunction to stop the liquidation proceedings and the same was dismissed as not maintainable. Subsequently, the petitioner filed W.P No.3158 of 2021 issuance of a writ of mandamus directing the respondents to pay the salary arrears, and this Court by its order dated 15.02.2021, directed the respondents to consider the petitioner's representation within eight weeks. Thereafter, the Society informed that payment of salary arrears to the employees would be considered after the sale of the plots belonging to the Society. The defunct-Society owns assets to the value of Rs.505 lakhs. The liquidation was on 29.01.2018 and about 7-1/2 years have passed since then. During this period, the Society has sold several lands owned by it and received the sale proceeds.

The petitioner, being a preferential deemed creditor, is entitled to receive the salary arrears out of the sale proceeds. Accordingly, the petitioner made a representation through her counsel on 27.06.2025. However, the same has not been considered till date. Hence the present writ petition has been filed.

3.The learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the 3rd respondent to consider the petitioner's representation within a reasonable time.

4.Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the 3rd respondent to consider the petitioner's representation dated 27.06.2025 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, 5.With the above directions, this writ petition is disposed of. No costs. 07-01-2026 Index: Yes/No Speaking/Non-speaking order UMA

To

1. The Principal Secretary to Government Co-operation Department, Fort St.George, Chennai-600 009

2. The Registrar Of Co-operative Societies (Housing) Kilpauk, Chennai-600 010

3. The Regional Deputy Registrar Of Societies (Housing) 103, 10th Street, Natarajapuram South Colony, Thanjavur-613 007

4. The Liquidator Cum Cooperative Sub Registrar 103, 10th Street, Natarajapuram South Colony, Thanjavur-613 007

M.DHANDAPANI, J.

UMA 07-01-2026