Gokul S v. The Registrar Co-Operative Societies (Housing)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND S.Gokul ... Petitioner Vs.

1.The Registrar of Co-operative Societies (Housing), The TamilNadu Co-operative Housing Society Complex, 2nd Floor, No.48, Ritharton Road, Vepperi, Chennai-600 007.

2. The Deputy Registrar (Housing), No.143, 10th Street, Nadarajapuram South Colony, Thanjavur-613 007.

3. The Administrator, T.834, Shanmuga Nagar Co-operative Building Society, Opposite to Kundavai Natchiar Women's College, Kannan Nagar, Thanjavur-613 007.

4. The Secretary, T.834, Shanmuga Nagar Co-operative Building Society, Opposite to Kundavai Natchiar Women's College, Kannan Nagar, Thanjavur-613 007.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to sanction petitioner's father's financial benefits with interest on the basis of the representation given by the petitioner dated 08.01.2025.

For Petitioner : Mr.S.Karthikeyan For R1 & R2 : Mr.D.Subbaraj Special Government Pleader

O R D E R

Heard the learned Counsel for the petitioner and the learned Special Government Pleader for the respondents 1 and 2 and perused the materials available on record.

2.The father of the petitioner worked in the third respondent Society as an Accountant. He died in harness on 03.11.2023. Thereafter, the third respondent did not settle the monetary benefits payable to the legal heirs of the deceased employee. Due to that being the legal heirs, the petitioner and his sister are struggling for their livelihood. The petitioner submitted the representation on 2/6

08.01.2025 to the respondents to sanction his father's financial benefits. On receiving the same, the second respondent issued proceedings on 25.01.2025 stating that after getting permission from the concerned authority, the financial benefits will be sanctioned. Thereafter, there is no response from the respondents. Under these circumstances, the petitioner filed this writ petition. 3.The learned Special Government Pleader appearing for the respondents 1 and 2 on instructions submits that already the second respondent communicated the petitioner through proceedings dated 25.01.2025 that after getting permission from the concerned authority, the financial benefits will be sanctioned.

4.Having considered the facts and circumstances of the case, it is appears that the father of the petitioner died on 03.11.2023 thereafter, the petitioner and his sister both are struggling a lot for livelihood due to sudden demise of the bread winner of the family. In those circumstances, it is the responsibility of the third respondent to sanction all financial benefits for which the petitioner and his sister are legally entitled. But without settling the same, the respondents are dragging the matter, for which the petitioner is suffering and the action of the 3/6

respondents is not permissible under law.

Accordingly, the respondent Nos.2 to 4 have to consider the representation of the petitioner and take steps to settle the financial benefits to the petitioner. Accordingly, this writ petition is disposed of with the following direction: (i)The respondents 2 to 4 shall consider the representation dated 08.01.2025 of the petitioner and settle all the monetary benefits to be paid to the petitioner and his sister being the legal heirs of the deceased employee of the third respondent Society, within a period of four weeks from the date of receipt of a copy of this order.

5.There shall be no order as to costs.

09.04.2025 NCC:yes/no Index:yes/no Internet:yes/no LR 4/6

To:

1.The Registrar of Co-operative Societies (Housing), The TamilNadu Co-operative Housing Society Complex, 2nd Floor, No.48, Ritharton Road, Vepperi, Chennai-600 007.

2. The Deputy Registrar (Housing), No.143, 10th Street, Nadarajapuram South Colony, Thanjavur-613 007.

3. The Administrator, T.834, Shanmuga Nagar Co-operative Building Society, Opposite to Kundavai Natchiar Women's College, Kannan Nagar, Thanjavur-613 007.

4. The Secretary, T.834, Shanmuga Nagar Co-operative Building Society, Opposite to Kundavai Natchiar Women's College, Kannan Nagar, Thanjavur-613 007.

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BATTU DEVANAND , J.

LR 09.04.2025 6/6