R.Jothi, v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE R.Jothi ... Petitioner -vs1.The Managing Director Co-Optex Head Office Tamil Nadu Handloom Weavers Co-operative Society 350, Pantheon Road Egmore, Chennai-600 008 2.The Deputy Director Audit Section Co-Optex Head Office Tamil Nadu Handloom Weavers Co-operative Society 350, Pantheon Road Egmore, Chennai-600 008 3.The Zonal Manager Co-optex Zonal Office 3, Andal Street Alagappan Nagar Madurai-625 003 ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to repay the amount of Rs.2,72,968/- (Rupees two lakhs seventy two thousand nine hundred and sixty eight only) to him based on the petitioner's representation dated 25.09.2018.

For Petitioner :

Mr.Badrus Zaman For Respondents :

Ms.D.Farjana Ghoushia Special Government Pleader

O R D E R

This writ petition has been filed for a mandamus seeking for a direction to the respondents to refund the amount of Rs.2,72,968/- to the petitioner, based on her representation dated 25.09.2018.

2. The petitioner claims that while she was working in the CoOptex Sales Department for the month of August - September, 2012, a sum of Rs.2,72,968/- was illegally recovered from her on account of alleged misappropriation. According to the petitioner, the misappropriated amount, which the respondents had claimed, was paid by her and despite the same,

the aforesaid sum of Rs.2,72,968/- has not been refunded by the respondents. Under those circumstances, the petitioner has given a representation dated 25.09.2018 to the respondents requesting them to refund the sum of Rs.2,72,968/- to her. Since the representation of the petitioner has not been considered, she has filed this writ petition.

3. A counter affidavit has been filed by the respondents denying the contentions of the petitioner by stating that the sums paid by the petitioner have been adjusted and after adjusting the same, still a sum of Rs.57,593.40 is due and payable by the petitioner to the respondents.

4. However, it is seen from the counter affidavit as well as the documents placed on record that the representation of the petitioner, dated 25.09.2018, which is the subject matter of this writ petition, was not considered by the respondents by passing a final order, on merits and in accordance with law.

5. No prejudice will be caused to the respondents, if the petitioner's representation dated 25.09.2018, referred to supra, seeking for

refund of a sum of Rs.2,72,968/- is directed to be considered by the respondents, on merits and in accordance with law, within a time frame to be fixed by this Court.

6. For the foregoing reasons, this Court directs the third respondent to pass final orders, on merits and in accordance with law, on the petitioner's representation dated 25.09.2018, seeking for refund of Rs.2,72,968/- which she claims that the same has been illegally recovered from her, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. No costs.

24.09.2024 NCC :

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To:

1.The Managing Director, Co-optex Head Office, Tamil Nadu Handloom Weavers Co-operative Society, 350, Pantheon Road, Egmore, Chennai-600 008.

2.The Deputy Director, Audit Section, Co-Optex Head Office, Tamil Nadu Handloom Weavers Co-operative Society, 350, Pantheon Road, Egmore, Chennai-600 008.

3.The Zonal Manager, Co-optex Zonal Office, 3, Andal Street, Alagappan Nagar, Madurai-625 003.

ABDUL QUDDHOSE, J.

krk 24.09.2024