K. Nagalakshmi, v. The Joint Registrar Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9751 of 2018 K.Nagalakshmi ... Petitioner vs.
1. The Joint Registrar of Cooperative Societies, Tiruchirappalli Region, Tiruchirappalli-620 020.
2. The Deputy Registrar of Cooperative Societies, Tiruchirappalli Circle, Tiruchirappalli - 620 020.
3. The Secretary, YT50, Tiruchirappalli District Public Health Department Employees Cooperative Thrift & Society Limited, E.V.R. Road, Puthur, (Opp. To Super Market), Tiruchirappalli - 620 017.
4. The Block Medical Officer, Primary Health Centre, Inamkulathur, Tiruchirappalli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to close the Membership of the petitioner in YT50, Tiruchirappalli District Public Health Department Employees Cooperative Thrift & Society Limited, E.V.R. Road, Puthur, Tiruchirappalli and repay the share capital and saving bank deposits and the interest accrued therein by considering the petitioner's representation dated 23.02.2018 and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader for R1 & R2
O R D E R
Mr.N.Shanmuga Selvam, learned Additional Government Pleader, takes notice for the respondents No.1 & 2. Notice to the respondents No.3 and 4 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 23.02.2018 seeking to close the Membership of the petitioner in YT50, Tiruchirappalli District Public Health Department Employees Cooperative Thrift & Society Limited, E.V.R. Road, Puthur, Tiruchirappalli and repay the share capital and saving bank deposits and the interest accrued therein, has not been considered by the respondents No.1 to 3, 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 third respondent to consider the petitioner's representation dated 23.02.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner and to any other persons who may be interested in the subject matter.
6. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To:
1. The Joint Registrar of Cooperative Societies, Tiruchirappalli Region, Tiruchirappalli-620 020.
2. The Deputy Registrar of Cooperative Societies, Tiruchirappalli Circle, Tiruchirappalli - 620 020.
3. The Secretary, YT50, Tiruchirappalli District Public Health Department Employees Cooperative Thrift & Society Limited, E.V.R. Road, Puthur, (Opp. To Super Market), Tiruchirappalli - 620 017.
4. The Block Medical Officer, Primary Health Centre, Inamkulathur, Tiruchirappalli District.
+1cc to Mr.D.Shanmugaraja Sethupathi, Advocate Sr.No.63909 TM VB/JC/SAR3/17/05/2018/3P/6C W.P.(MD) No.9751 of 2018 27.04.2018