M.Thanga Pandian v. The Registrar Of Co Operative

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.8565 of 2018 M.Thanga Pandian ... Petitioner Vs.

1. The Registrar of Co-operative No.170, Periyar E.V.R.Highways, Keelpakkam, Chennai - 600 010.

2. The Deputy Registrar of Co-operative Cheranmahadevi, Tirunelveli District.

3. The Secretary, E.E.453, Paruthipadu Primary Agriculture Co-operative Credit Society Ltd., Paruthipadu, Nanguneri Taluk, Tirunelveli District - 627 354.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits within the time limit that may be stipulated by this Court based on the petitioner's representations dated 17.09.2015 and 21.07.2016. For Petitioner : Mr.M.S.Jeya Karthick For Respondents : Mr.K.Saravanan, G.A. For R1 Mr.D.Muruganantham, AGP for R2

O R D E R

The prayer sought for herein is for a writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits within the time limit that may be stipulated by this Court based on the petitioner's representations dated 17.09.2015 and 21.07.2016.

2.Heard Mr.S.Jeya Karthick, learned counsel appearing for the petitioner and Mr.K.Saravanan, learned Government Advocate for R1

and Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondent No.2.

3.According to the learned counsel for the petitioner, the petitioner after serving a Secretary of the Co-operative Society, retired from service on 31.03.2008. Thereafter, his retirement benefits was not disbursed. Therefore, from 2010 onwards, he has been repeatedly requesting by way of making representation and last such representation was made on 21.07.2016. In spite of this request, the said benefits for the retirement of the petitioner has not so far been disbursed by the respondents and the petitioner, since attained the age or 68 years, is struggling to lead his life. Therefore, if a direction is given by this Court to consider his request by the respondents and an order to that effect is passed, the petitioner would be satisfied. 4.I have heard the learned Government Advocate and the learned Additional Government Pleader in this regard. 5.In view of the submissions made by the learned counsel for the petitioner and the prayer sought for herein is innocuous in nature, this writ petition is disposed of with the following direction:

"The second respondent is directed to consider the representations of the petitioner right from 01.02.2010 and last such representation dated 21.07.2016 with regard to the retiral benefits of the petitioner on merits and in accordance with law and an order to that effect, if the petitioner is eligible to get such benefits, shall be passed granting such retiral benefits to the petitioner, if no order is already passed in this regard, within a period of six weeks from the date of receipt of a copy of this order".

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Registrar of Co-operative No.170, Periyar E.V.R.Highways, Keelpakkam, Chennai - 600 010.

2. The Deputy Registrar of Co-operative Cheranmahadevi, Tirunelveli District.

+1cc to Mr.M.S.Jeya Karthick, Advocate Sr.No.62508 +1cc to The Spl. Government pleader Sr.No.62468 ARUL VB/KKR/SAR1/15/05/2018/3P/5C W.P(MD)No.8565 of 2018 19.04.2018