← Library
Madras High CourtWP/49230/2025disposed of with direction

G.R.Mahendiran v. The Registrar Of Co-Operative Societies

2026-01-02Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2026

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI and WMP No. 55000 of 2025 G.R.Mahendiran Petitioner(s) Vs

1. The Registrar Of Co-operative Societies No.170 Periyar EVR Road, Kilpauk, Chennai- 600 010.

2.The Joint Registrar Of Co- operative Societies/ Common Cadre Authority, O/o.Joint Registrar of Co-operative Societies Tirupattur Region, Tirupattur District- 635 601. 3.The Administrator / Secretary C.1514, Girisamudram Primary Agricultural Cooperative Credit Society, Vaniyambadi, Tirupattur District- 635 751.

Respondent(s) PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of certiorarified Mandamus, Calling for the records of the 1st Respondent in Na.Ka. COOP/ 1831/ 2025 tho way sa1, dated 11.09.2025 and quash the same and consequently direct the 1st Respondent to dispose off the revision petition dated 21.08.2025 preferred by the petitioner on merits. For Petitioner(s):

Mr.N.Kolandaivelu For Respondent:

Ms.E.Ranganayagi, AGP

ORDER

This petition has been filed seeking to quash the order passed by the 1st Respondent dated 11.09.2025 and consequently direct the 1st Respondent to dispose of the revision petition dated 21.08.2025 preferred by the petitioner.

2. It is the case of the petitioner that the petitioner initially appointed as Salesman in the 3rd respondent society during the year 1981. Thereafter, the petitioner promoted as Clerk in the year 1975 and finally promoted as Secretary in the year 2009. The petitioner reached the age of superannuation on 31.05.2023, however, the petitioner was not permitted to retire from service on account of audit objections and pendency of a criminal case, however, he was relieved from service. The petitioner made a representation to the second respondent on 09.06.2023 seeking payment of gratuity and encashment of earned leave. Finally the second respondent dated 14.08.2023 directed the 3rd respondent to release gratuity alone and the same was paid by the 3rd respondent. Since the encashment of earned leave accumulated was not paid.

The petitioner preferred revision petition before the first respondent under Section 153(1) of the Tamil Nadu Cooperative Societies Act 1983 on 21.08.2025 and the same was rejected by the first respondent on 11.09.2025 citing delay in preferring the revision petition. Hence, the petitioner filed a present writ petition.

3. The learned counsel for the petitioner submitted that even the cases ended in conviction, in which, the petitioner is entitled to receive the encashment of earned leave. However, the petitioner's application was rejected merely on the ground of delay, which is not sustainable. Hence, this Court may set aside the impugned order and direct the respondents to consider and pass orders on the petitioners representation for disbursement of earned leave salary to the petitioner within the stipulated time as fixed by this Court.

4. Per contra, the learned Additional Government Pleader appearing for the respondent submitted that there was a delay in 819 days in filing the revision and there is no proper explanation for the delay occurred. Therefore, the respondent has rightly rejected the impugned order which needs no interference.

5. Heard the learned counsel for both side and perused the materials available on record.

6. Admittedly, a disciplinary proceedings has been initiated as against the petitioner for misappropriation of funds. Therefore, he was not permitted to retire from service based on audit objections. Since the encashment of earned leave accumulated was not paid, the petitioner has preferred revision petition before the first respondent and the same was rejected and denied for disbursement of earned

leave salary only the ground of delay, which is not sustainable. Hence, this Court is inclined to set aside the impugned order passed by the first respondent and remands the matter back to the first respondent for fresh consideration.

7. With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 02-01-2026 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Registrar Of Co-operative Societies No.170 Periyar Evr Road, Kilpauk, Chennai- 600 010.

2.The Joint Registrar Of Co- Operative Societies/ Common Cadre Authority, O/o.Joint Registrar Of Co-operative Societies Tirupattur Region, Tirupattur District- 635 601.

M.DHANDAPANI J.

rli 02-01-2026