M.Murugesan v. The Joint Registrar Of Cooperative Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2018
CORAM
THE HONOURABLE MR.JUSTICE R. MAHADEVAN W.P.No.29967 of 2018 M.Murugesan ... Petitioner
Versus
1.The Joint Registrar of Co-operative Societies, Salem Region, Room No.410, 4th Floor, Collectorate,Salem-636 001.
2.The Deputy Registrar of Co-operative Societies, Sankakiri Circle, Sankakiri Post,Salem District.
3.Chithoor Primary Agricultural Co-operative Society, Chithoor Post, Edapadi Taluk, Salem District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to direct the 1st respondent herein to consider and pass orders in the Revision dated 21.07.2018 filed by the petitioner in accordance with law and within a stipulated period. For Petitioner :Mr.K.Govi Ganesan For Respondents:Ms.T.Girija Government Advocate for R1 and R2 Mr.L.P.Shanmugasundaram Special Government Pleader for R3
O R D E R
Ms.T.Girija, learned Government Advocate takes notice for the respondents 1 and 2 and Mr.L.P.Shanmugasundaram, learned Special Government Pleader takes notice for the third
respondent. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has come up with this writ petition seeking a direction to the first respondent to consider and pass orders in his revision petition dated 21.07.2018, in accordance with law within a stipulated period to be fixed by this Court.
3. The case of the petitioner is that he was initially appointed as Clerk on 01.09.1976 in the third respondent CoOperative Society and thereafter, got promotions viz. Head Clerk & Assistant Secretary. After attaining the age of superannuation, he retired from service on 31.05.2014. It is the grievance of the petitioner that the third respondent Co-Operative Society has not fully paid the terminal benefits due to him. Hence, he had approached this Court by filing a petition in W.P.No.8067 of 2018. This Court, by order dated 06.04.2018, dismissed the said writ petition, however, granting liberty to the petitioner to approach the competent authority, in order to exhaust his remedy available under the Tamil Nadu Co-Operative Societies Act, 1983. Accordingly, he filed a revision petition before the first respondent. But, the same has not been disposed of by the first respondent till date. Hence, the petitioner is before this Court.
4. The learned Government Advocate appearing for the respondents 1 and 2 submitted that the petitioner's revision petition would be disposed of by the first respondent, on merits and in accordance with law.
5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the first respondent to dispose of the petitioner's revision petition dated 21.07.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner as well as any other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above direction, the writ petition stands disposed of. However, there shall be no order as to costs. ms Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To 1.The Joint Registrar of Co-operative Societies, Salem Region, Room No.410, 4th Floor, Collectorate,Salem-636 001.
2.The Deputy Registrar of Co-operative Societies, Sankakiri Circle, Sankakiri Post,Salem District.
3.Chithoor Primary Agricultural Co-operative Society, Chithoor Post, Edapadi Taluk, Salem District.
+1cc to Mr.K.Govi Ganesan, Advocate, SR.NO.78846 +1cc to Mr.L.P.Shanmugasundaram, Advocate, SR.NO.78900 +1cc to Govt.Pleader, SR.NO.79161 W.P.No.29967 of 2018 ssi(co) kak(27/12/2018)