P.Sheeja, W/O.C.Aruldiaz v. The Joint Registrar Of Co-Op

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.979 of 2018 and W.M.P.(MD).Nos.1025 & 1026 of 2018 P.Sheeja

...Petitioner

Vs.

1.The Joint Registrar of Co-operative Societies, Kanyakumari Region, Nagercoil, Kanyakumari District.

2.The Deputy Registrar of Co-operative Societies, O/o.the Deputy Registrar of Co-operative Societies, Thackalay, Kanyakumari District.

3.The President, Y-55, The Kunnathoor Primary Agricultural Co-operative Credit Society Limited, Co-operative Bank Road, Pudhukadai Post-629 171, vilavancode Taluk, Kanyakumari District.

4.Thiru.C.Mohandoss, President, Y-55, The Kunathoor Primary Agricultural Co-operative Credit Society Limited, Co-operative Bank Road, Pudhukadai Post-629 171, vilavancode Taluk, Kanyakumari District.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned suspension order issued by the third respondent in his proceedings dated 11.10.2017 and quash the same in so far as petitioner is concerned and consequently direct the respondents to regularize the period of suspension as duty for all attendant and monetary benefits.

For Petitioner : Mr.M.Saravanakumar For Respondents : Mrs.S.Srimathy for R1 & R2 Special Government Pleader : Mr.M.E.Elango for R3 & R4 https://hcservices.ecourts.gov.in/hcservices/

ORDER

Heard the learned counsel on either side.

2.By consent of both the parties, the main Writ Petition is taken up for final disposal.

3.The petitioner is employed in the third respondent/Society. He was suspended by order dated 11.10.2017 issued by the third respondent herein. The petitioner has since moved the first respondent under Section 153 of Tamil Nadu Co-operative Society Act, 1983. The first respondent shall pass orders on or before 31.03.2018. The suspended employee is entitled to get subsistence allowance. He has to file a formal application before the concerned official of the Society. Upon submission of appropriate application by the petitioner, the third respondent/Society is directed to disburse the subsistence allowance amount payable to the petitioner forthwith without any delay.

4.With these directions, the Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To 1.The Joint Registrar of Co-operative Societies, Kanyakumari Region, Nagercoil, Kanyakumari District.

2.The Deputy Registrar of Co-operative Societies, O/o.the Deputy Registrar of Co-operative Societies, Thackalay, Kanyakumari District.

+One cc to Mr.M.E.Ilango, Advocate, SR.No.46690 +One cc to Mr.M.Saravana Kumar, Advocate, SR.No.46639 +One cc to The Special Government Pleader, SR.No.47247 tsg RL/6C/2P/KKR/SAR4/13/2/2018 W.P.(MD).No.979 of 2018 and W.M.P.(MD).Nos.1025 & 1026 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 06.02.2018