N.Govindaraj v. The Registrar (Co-Operative Societies)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.3485 of 2020 and W.M.P.(MD).Nos.2947 and 2948 of 2020 N.Govindaraj ... Petitioner /vs./ 1.The Registrar (Co-operative Societies) N.V.S.Malikai,Kilpauk, Chennai.
2.The Deputy Registrar (Co-operative Socities) Paramakudi Ramanathapuram District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.824/2019, Tho.Ve.Koo.Ka.Sa., dated 29.10.2019 on the file of the respondent No.2 and quash the same as illegal and consequently to direct the respondent No.2 to provide a chance to the petitioner with the production of original loan account books and cash books to explain the entries made by the petitioner while in service. For Petitioner : Mr.S.Louis For Respondents : Mr.R.Sethuraman Special Government Pleader
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Though the petitioner has sought for issuance of writ of certiorarified mandamus to quash the impugned suspension order passed against the petitioner by the second respondent in Na.Ka.No.824/2019, Tho.Ve.Koo.Ka.Sa., dated 29.10.2019, the learned counsel for petitioner now abridged the prayer and submitted that it would suffice if the representation dated 27.01.2020 given by the petitioner is directed to be considered by the respondents within a stipulated time, the ends of justice could be secured.
3. Whenever a representation is made to a statutory authority to redress the claim of the petitioner, 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. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time.
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4. In view of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation, dated 27.01.2020, on its own merits and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the claim made by the petitioner in his representation and it is for the second respondent to consider it in accordance with law. In case, the petitioner is aggrieved against such a decision taken by the second respondent, it would be appropriate to approach this Court.
5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns To 1.The Registrar (Co-operative Societies) N.V.S.Malikai, Kilpauk,Chennai.
2.The Deputy Registrar (Co-operative Societies) Paramakudi,Ramanathapuram District.
+1 CC to M/s.S.LOUIS, Advocate ( SR-9001[F] dated 27/02/2020 ) +1 CC to M/s.SPL GP ( SR-8892[F] dated 27/02/2020 ) Order made in W.P.(MD) No.3485 of 2020 Dated:26.02.2020 SMA/12/03/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/