A.Prithivirajan v. The Registrar Of Cooperative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH A.Prithivirajan ... Petitioner -vsThe Registrar of Cooperative Societies, Government of Tamil Nadu, M.N.V. Natarajan Maligai, No.170, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondent herein to dispose of petitioner's representation dated 09.12.2024, in accordance with law within the period to be fixed by this Court.

For Petitioner : Mr.A.Immanuel For Respondent : Mr.K.S.Selvaganesan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondent herein to dispose of petitioner's representation dated 09.12.2024, in accordance with law, within a time frame to be fixed by this Court.

2. With the consent of both sides, this Writ Petition is disposed of, at the admission stage itself.

3. The petitioner is an active member (Membership No.2241) of the Athikulam Primary Agricultural Co-operative Credit Society in Virudhunagar District. On 15.11.2024, the petitioner submitted a representation to the respondent alleging financial irregularities in both the Athikulam and Valliyur Primary Agricultural Co-operative Credit Societies. As no action was taken by the respondent, the petitioner submitted another representation on 09.12.2024. Despite the representations, the respondent has failed to take any action, causing distress to the petitioner. Hence, the petitioner has approached this Court by filing the present writ petition.

4. Heard both sides.

5. 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 him 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, non-consideration 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 the Constitution of India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representations dated 15.11.2024 and 09.12.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondent to consider the same on its own merits.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 17.02.2025 Index : Yes / No smn2

To:- The Registrar of Cooperative Societies, Government of Tamil Nadu, M.N.V. Natarajan Maligai, No.170, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.

VIVEK KUMAR SINGH , J.

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