M.Sriramar v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH M.Sriramar : Petitioner Vs.

1. The Registrar, Office of the State Registrar of Coop Societies, 110, E.V.R.High Road, Kilpauk, Chennai 600 010.

2. P.Senthilkumar, Regional Joint Registrar of Coop Societies, Virudhunagar Region,Office of the District Collector Campus, Virudhunagar, Virudhunagar District.

3. Nagarajan, Cooperative Sub Registrar, Virudhunagar Rural, Office of the District Collector Campus, Virudhunagar, Virudhunagar District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to take appropriate action as against the 2nd and 3rd respondents for having 1/6

continuously unleashed communal atrocity as against the petitioner based on his representation dated 27.12.2024 made to the 1st respondent in person.

For Petitioner : Mr.M.Ayyappan For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader for R1 Mr.A.Nawaskhan for R2 & R3

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to take appropriate action as against the respondents 2 and 3 for having continuously unleashed communal atrocity against the petitioner by considering his representation dated 27.12.2024.

2.The petitioner, who was appointed on 04.10.1995 as a Salesman in the Puliampatti Primary Agriculatural Cooperative Credit Society, submits that the respondents 2 and 3 subjected him to verbal abuse by using communal language and attempted to involve him in illegal activities. In this regard, the petitioner submitted a representation dated 27.12.2024, requesting the first respondent to take appropriate 2/6

action. However, since the said representation has not been considered, the petitioner has now filed the present writ petition.

3. Heard both sides.

4. 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.

5. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 27.12.2024, 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, 3/6

within a period of eight 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 first respondent to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 04.03.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To The Registrar, Office of the State Registrar of Coop Societies, 110, E.V.R.High Road, Kilpauk, Chennai 600 010.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.5075 of 2025 04.03.2025 6/6