Madras High CourtWP(MD)/5713/2023allowed

Manokaran. V v. The Deputy Registrar Of Co-Operative Societies

2023-06-12Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.5713 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5713 of 2023 V.Manokaran ... Petitioner Vs.

1. The Deputy Registrar of Co-operative Societies, Madurai Circle, Madurai.

2. The President, A2926, Ayyur Primary Agricultural Co-operative Credit Society, Ayyur, Alanganallur, Madurai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to settle all terminal benefits of the petitioner with interest within the time stipulated by this Court.

For Petitioner : Mr.S.Kumar For R-1 : Mr.S.Shanmugavel, Additional Government Pleader.

For R-2 : Mr.T.Ravichandran * * * 1/4

2 W.P.(MD)NO.5713 OF 2023

O R D E R

Heard the learned counsel on either side.

2. The petitioner was working as Secretary of the second respondent society. He retired way back in the year 2016. He was paid DCRG. The management did not pay the other benefits payable to the petitioner. The petitioner therefore filed W.P.(MD)No.3000 of 2019. It was disposed of on 12.02.2019 by directing the authorities to pass order on the petitioner's representation. Pursuant to the said direction, the Deputy Registrar of Cooperative Societies, Madurai Region, passed an order dated 03.04.2019 directing the second respondent herein to pay his terminal benefits by according priority.

3. The learned Standing counsel submits that the society's financial position is quite pitiable and as and when the subsidy is received from the Government, the priority is accorded to the petitioner herein.

4. Since the petitioner retired way back in the year 2016, he cannot be expected to wait indefinitely. The society may continue the present 2/4

3 W.P.(MD)NO.5713 OF 2023 practice of settling the petitioner's dues from out of the subsidy received from the Government. However, the entire benefits shall be settled within a period of two years from the date of receipt of a copy of this order. This writ petition stands allowed on these terms. No costs. 12.06.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU To:

The Deputy Registrar of Co-operative Societies, Madurai Circle, Madurai.

3/4

4 W.P.(MD)NO.5713 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.5713 of 2023 12.06.2023 4/4