Sivapackiyanathan.S v. The Registrar

W.P.(MD) No.2233 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.2233 of 2021 S.Sivapackiyanathan

...Petitioner

Vs.

1.The Registrar, O/o. The Co-operative Societies Registration, Kilpauk, Chennai - 600 010.

2.The Joint Registrar, O/o. The Co-operative Societies Registration, District Collectorate Campus, Dindigul, Dindigul District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to appoint the petitioner as "Assistant" in DD-524 Maniyakaranpatti's Primary Agriculture Co-operative Society or in any Co-operative Society as per Notification No.3/2020, dated 12.03.2020, issued by the 2nd respondent, based on the petitioner's representation dated 31.08.2020.

For Petitioner : Mr.C.Abul Kalam Azad For Respondents : Mr.P.Mahendran Additional Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to the respondents to appoint the petitioner as "Assistant" in DD-524 Maniyakaranpatti's Primary Agriculture Co-operative Society or in any Co-operative Society as per Notification No.3/2020, dated 12.03.2020, issued by the 2nd respondent, was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 31.08.2020, which is still pending.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.2233 of 2021 stipulated time.

4. In the light of the above observations, it would be appropriate to direct the second respondent herein to consider the petitioner's representation dated 31.08.2020, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits. 5.Accordingly, there shall be a direction to the second respondent to consider the petitioner's representation dated 31.08.2020, on its own merits and pass appropriate orders in accordance with law, as expeditiously as possible.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Registrar, O/o. The Co-operative Societies Registration, Kilpauk, Chennai - 600 010.

2.The Joint Registrar, O/o. The Co-operative Societies Registration, District Collectorate Campus, Dindigul, Dindigul District.

+1 CC to M/s.C.ABULKALAM AZAD, Advocate ( SR-4097[F] dated 09/02/2021 ) +1 CC to M/s.GP ( SR-4298[F] dated 10/02/2021 ) W.P.(MD) No.2233 of 2021 09.02.2021 SSS(CO) KK(23.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2