P.Kavighan v. The Additional Chief Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.7763 of 2025 and W.M.P.(MD)No.5887 of 2025 P.Kavighan ... Petitioner -Vs1.The Additional Chief Secretary, Cooperative Food and Consumer Production Department, Secretariat, Chennai-600 009.
2.The Registrar of Cooperative Societies, N.V.Natarajan Maligai, 170 E.V.R.Salai, Kilpauk, Chennai-600 010.
3.The Joint Registrar of Cooperative Societies, Pudukkottai Region, Integrated Cooperative Office Complex, Pudukkottai.
4.The Deputy Registrar of Cooperative Societies, Pudukkottai Circle, Integrated Cooperative Office Complex, Pudukkottai.
5.The Administrator, Y.P.630 Pudukkottai District Public Servants Cooperative Thrift and Credit Society, Pudukkottai.
6.Valarmathi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to cancel G.O.(T)No.325, dated 13.12.2024 by considering the representation of the petitioner dated 20.12.2024 within a time frame as fixed by this Court.
For Petitioner : Mr.S.Karthikeyan For R1 to R5 : Mr.P.Thilak Kumar, Government Pleader
ORDER
[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.The petitioner wants to cancel G.O.(T)No.325, dated 13.12.2024, under which the 6th respondent was appointed as Clerk / Assistant permanently by the 1st respondent at the 5th respondent Society. It is the grievance of the petitioner that the 2nd respondent, vide proceedings dated 08.10.2018, fixed some norms with regard to the appointment of employees from the parent society to other society, where it is stated that there should not be any disciplinary action /
criminal action / Vigilance and Anti-Corruption Departmental Action / Surcharge Action against the employee, who has applied for the job opportunity in other societies. However, surcharge action is pending against the 6th respondent for the loss of Rs.18,79,569/-. Therefore, the appointment of the 6th respondent is illegal and violation of the proceedings of the 2nd respondent. In this regard, the petitioner has given a representation dated 20.12.2024 to the respondents 1 to 5 to cancel the said G.O., and dismiss the 6th respondent. However, the same is pending till date without any progress. Therefore, he has filed this Writ Petition. 3.
On perusal of the affidavit filed in support of this Writ Petition, we are of the view that the petitioner is a third party and therefore, he cannot have any grievance over the appointment of the 6th respondent and cannot challenge the same by way of filing Public Interest Litigation. Therefore, this Writ Petition is dismissed with liberty to the petitioner to move the appropriate forum for appropriate relief. No costs. Consequently, connected miscellaneous petition is closed.
[J.N.B., J.] & [S.S.Y., J.] 21.03.2025 NCC : Yes / No Index : Yes / No Yuva
To 1.The Additional Chief Secretary, Cooperative Food and Consumer Production Department, Secretariat, Chennai-600 009.
2.The Registrar of Cooperative Societies, N.V.Natarajan Maligai, 170 E.V.R.Salai, Kilpauk, Chennai-600 010.
3.The Joint Registrar of Cooperative Societies, Pudukkottai Region, Integrated Cooperative Office Complex, Pudukkottai.
4.The Deputy Registrar of Cooperative Societies, Pudukkottai Circle, Integrated Cooperative Office Complex, Pudukkottai.
5.The Administrator, Y.P.630 Pudukkottai District Public Servants Cooperative Thrift and Credit Society, Pudukkottai.
J.NISHA BANU, J.
AND S.SRIMATHY , J.
Yuva W.P.(MD)No.7763 of 2025 21.03.2025