R.Karthikeyan v. The Registrar Of Co Operative
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2018
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.11978 of 2018 R.Karthikeyan : Petitioner Vs.
1. The Registrar of Co-operative Societies, O/o.The Registrar of Co-operative Societies, Kilpauk, Chennai.
2. The Joint Registrar of Co-operative Societies, O/o.The Joint Registrar of Co-operative Societies, Ramanathapuram, Ramanathapuram District.
3. The Deputy Registrar of Co-operative Societies, O/o. The Deputy Registrar of Co-operative Societies, Paramakudi, Ramanathapuram District.
4. The District Collector, Ramanathapuram District, Ramanathapuram.
5. The Secretary, R.S.748, Bogalur Primary Agriculture Co-operative Society, Chatrakudi, Ramanathapuram District.
6. The Branch Manager, Ramanathapuram District Central Co-operative Bank -Chatrakudi Branch, Chatrakudi, Ramanathapuram District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the second respondent to complete the entire proceedings for returning back the petitioner's gold jewels, pledged in the fifth respondent's society and to return back the petitioner's gold
jewels to the petitioner by receiving his agriculture jewel loan amount and its interest upto 30.04.2014 by considering the petitioner's representations dated 20.07.2015, 05.01.2016, 04.04.2016, 17.05.2016 & 16.09.2016 within the time limit that may be stipulated by this Court.
For Petitioner : Mr.M.S.Jeyakarthik For R-1 to R-4 : Mr.V.Anand Government Advocate
ORDER
Heard Mr.M.S.Jeyakarthik, learned counsel appearing for the petitioner, Mr.Mr.V.Anand, learned Government Advocate, who takes notice on behalf of the respondents 1 to 4.
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, to return the petitioner's gold jewels pledged before the fifth respondent, has not been considered by the second respondent till date and therefore, 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 other. Non consideration of the same would amount to dereliction of their ordinary duties of their office and as such this Court would be justified in invoking its powers 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 second respondent to consider the petitioner's representation, dated 16.09.2016, on its own merits and in accordance with law, 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. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar
To
1. The Registrar of Co-operative Societies, O/o.The Registrar of Co-operative Societies, Kilpauk, Chennai.
2. The Joint Registrar of Co-operative Societies, O/o.The Joint Registrar of Co-operative Societies, Ramanathapuram, Ramanathapuram District.
3. The Deputy Registrar of Co-operative Societies, O/o. The Deputy Registrar of Co-operative Societies, Paramakudi, Ramanathapuram District.
4. The District Collector, Ramanathapuram District, Ramanathapuram.
+ 1 CC TO Mr.JEYAKARTHIK, ADVOCATE IN SR No. 67122 RMK TE/KKR/SAR-3 : 14/06/2018 : 3P/6C W.P.(MD)No.11978 of 2018 06.06.2018