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Madras High CourtWP(MD)/13618/2018disposed of

M.Ramasamy v. The Managing Director

2018-06-27Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.13618 of 2018 M.Ramasamy ... Petitioner Vs.

1.The Managing Director, Tamilnadu Co-operative Housing Federation Limited, No.48, Ritardon Road, Vepperi, Chennai - 600 007.

2.The Deputy Registrar of Co-operative Societies (Housing) Ltd., Madurai Region, No.580, K.K.Nagar, Madurai.

3.The Special Officer, MDA HSG 92 Madurai South Taluk, Co-operative Housing Society Ltd., Madurai South Taluk.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to disburse the petitioner's provident fund amount of Rs.14,03,390.49 by considering representation dated 03.08.2017 within the time stipulated by this Court. For Petitioner : Mr.J.Lawrance For Respondents : Mr.D.Muruganantham, AGP

O R D E R

The prayer sought for in this writ petition is for a writ of Mandamus, directing the respondents 1 and 2 herein to disburse the petitioner's provident fund amount of Rs.14,03,390.49 by considering representation dated 03.08.2017 within the time stipulated by this Court.

2.Heard Mr.J.Lawrance, learned counsel appearing for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents.

3.The grievance of the petitioner is that the petitioner was working at the third respondent Society as Secretary and retired from service. However, the retiral benefits for the petitioner has not been disbursed. In this regard, even though the petitioner had given a detailed representation on 03.08.2017 to the respondents, nothing was forthcoming and the said request has not been considered and therefore, the leaned counsel appearing for the petitioner would submit that, if the said representation of the petitioner is directed to be considered by the respondents and an order to that effect is directed to be passed, within a time frame, the petitioner would be satisfied.

4.I have heard the learned Additional Government Pleader appearing for the respondents, who would submit that the said representation of the petitioner dated 03.08.2017 would be considered on merits and an order to that effect would be passed within a time frame.

5.Considering the said submissions made by both sides and taking into account the limited scope of the prayer sought for in this writ petition, this Court is inclined to pass the following order:

"The respondents 1 and 2 are directed to consider the representation of the petitioner dated 03.08.2017, on merits and in accordance with law for the grant of retiral benefits to the petitioner and pass orders thereon, on 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.

Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS-I) TO 1.The Managing Director, Tamilnadu Co-operative Housing Federation Limited, No.48, Ritardon Road, Vepperi, Chennai - 600 007.

2.The Deputy Registrar of Co-operative Societies (Housing) Ltd., Madurai Region, No.580, K.K.Nagar, Madurai.

+1cc to M/s.Special Government Pleader,SR.No. 70356 W.P(MD)No.13618 of 2018 27.06.2018 ARUL KK/SKN/SAR-1/27.09.2018/3P-4C