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Madras High CourtWP(MD)/1183/2021disposed of

Velayutham v. The Principal Secretary

2021-01-25Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Velayutham ... Petitioner -Vs1.The Principal Secretary, Housing and Urban Development Department, Secretariat, Fort St.George, 19, Rajaji Salai, Chennai-600 009.

2.The Registrar (Housing), IInd Floor, The Tamil Nadu Co-operative Housing Federation Building, No.48, Ritherdon Road, Vepery, Chennai 600 007.

3.The Regional Deputy Registrar (Housing), Samuthu School Street, Kajanagar, Mannarpuram, Tiruchirappalli-620 020.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to take disciplinary action and detailed enquiry against the erred employees (ie) T.Ramar and M.Karmegam U/s 76 & 81 of the Tamil Nadu Co-operative Societies Act to be conducted by some other honest Cooperative Sub Registrar by considering the representation of the petitioner dated 02.01.2021 within a time frame as fixed by this Court.

For Petitioner : Mr.S.Karthikeyan For Respondents : Mr.M.Mahendran Additional Government Pleader

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2.The petitioner has given a representation dated 02.01.2021 and in the said representation, he has made certain allegations against one Ramar and one Karmegam. The petitioner wants this Court 1/3

to direct the respondent Authorities to take action against the said employees under Sections 76 and 81 of the Tamil Nadu Cooperative Societies Act. 3.The learned Additional Government Pleader points out that the petitioner is not a public interested third party and that he is a suspended secretary of the very same co-operative society. In fact, he is also facing some proceedings.

4.I do not want to go into the factual controversies. Whether to take disciplinary action against the employees or not is left to the discretion of the employer concerned. It is not for this Court to issue any Mandamus in that regard. Therefore, the Writ Petition is disposed of, leaving it open to the authority concerned to take action as they deem fit. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Secretary, Housing and Urban Development Department, Secretariat, Fort St.George, 19, Rajaji Salai, Chennai-600 009.

2.The Registrar (Housing), IInd Floor, The Tamil Nadu Co-operative Housing Federation Building, No.48, Ritherdon Road, Vepery, Chennai 600 007.

3.The Regional Deputy Registrar (Housing), Samuthu School Street, Kajanagar, Mannarpuram, Tiruchirappalli-620 020.

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+1 CC to SPL GP ( SR-2165[F] dated 27/01/2021 ) +1 CC to Mr.S.KARTHIKEYAN, Advocate ( SR-2229[F] dated 27/01/2021 ) W .P.(MD)No.1183 of 2021 25.01.2021 (CO) KV(10.02.2021) 3P 6C 3/3