K.Rajagopal, v. The Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9336 of 2018 K.Rajagopal ... Petitioner vs.

1. The Registrar, Co-operative Societies, No.170, Periyar EVR Road, Kilpauk, Chennai 600 010.

2. The Joint Registrar, Co-operative Societies, Chinnachockikulam, Madurai 625 002.

3. The Deputy Registrar, Co-operative Societies, Usilampatti at Thirumangalam, Madurai District 625 706.

4. The Secretary, MD SPL.47 S.Meenakshipuram, Primary Agricultural Co-operative Credit Society, S.Meenakshipuram, Sowdarpatti Post, Thirumangalam Taluk, Madurai District.

5. The President/Special Officer MD SPL.47 S,Meenakshipuram, Primary Agricultural Co-operative Credit Society, S.Meenakshipuram, Sowdarpatti Post, Thirumangalam Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to refund the deposit amount of the petitioner with interest in receipt Nos.0402, 0404, 0405, deposit dated 24.08.2016, 0406 deposit dated 18.12.2016 and 0407 deposit dated 03.01.2017 for an fixed deposit amount of Rs.2,30,000/- (6 months) with interest by considering his representation dated 04.12.2017.

For Petitioner :

Mr.D.Senthil For Respondents :

Mr.Gunaseelan Muthiah 1 to 3 Additional Government Pleader

O R D E R

Mr. Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents 1 to 3. Notice to the respondents 4 and 5 is dispensed with in view of nature of the order to be passed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.

It is the grievance of the petitioner that his representation dated 04.12.2017 seeking to refund the deposit amount of the petitioner with interest in receipt Nos.0402, 0404, 0405, deposit dated 24.08.2016, 0406 deposit dated 18.12.2016 and 0407 deposit dated 03.01.2017 for an fixed deposit amount of Rs.2,30,000/- (6 months) with interest, has not been considered by the respondents till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 04.12.2017 on its own merits and take further action in accordance with law, within a period of four 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-III) /True Copy/ Sub Assistant Registrar

To:

1. The Registrar, Co-operative Societies, No.170, Periyar EVR Road, Kilpauk, Chennai 600 010.

2. The Joint Registrar, Co-operative Societies, Chinnachockikulam, Madurai 625 002.

3. The Deputy Registrar, Co-operative Societies, Usilampatti at Thirumangalam, Madurai District 625 706.

+ 2 ccs TO Mr.D.Senthil , Advocate in SR No. 63440 + 1 cc TO The Special Government Pleader in SR No. 63591 aav AE/SV MMS/SAR1/14.05.2018/3P/7C W.P.(MD) No.9336 of 2018 25.04.2018