N. Sorimuthu v. The Deputy Registrar Of Co-Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY N.Sorimuthu ... Petitioner Vs.

1.The Deputy Registrar of Co-operative Societies, Tenkasi, Tenkasi District.

2.0.1902 Alankulam Primary Agricultural Co-operative Credit Society Ltd., Rep by it's Secretary, Alankulam-627851, Tenkasi District.

3.The President, 0.1902 Alankulam Primary Agricultural Co-operative Credit Society Ltd., Alankulam-627851, Tenkasi District.

... Respondents PRAYER : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, to direct the third respondent to review the order of suspension dated 15.02.2018 passed against the petitioner as per the direction issued by the first respondent on 19.06.2018.

For Petitioner : Mr.P.Subbiah For R-1 and R-2 : Mr.A.Thiyagarajan Government Advocate For R-3 : Mr.P.Arun Jayatram

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The petitioner filed the present writ petition to direct the third respondent to review the order of suspension dated 15.02.2018 1/3

passed against the petitioner, as per the direction issued by the first respondent dated 19.06.2018.

3.Mr.P.Subbiah, learned counsel for the petitioner would submit that earlier the petitioner filed the writ petition in W.P(MD) No.5811 of 2018 challenging the order of suspension dated 15.02.2018. This Court by an order dated 23.03.2018, directed the petitioner to give a representation to the third respondent to review the order of suspension passed by him on 15.02.2018. Thereafter, on 19.06.2018 the first respondent herein sent a communication to the second respondent directing him to review the order of the suspension passed against the petitioner. He would further submit that the petitioner has already made a representation on 18.11.2020 in this regard, which is said to be pending. If the said representation is directed to be disposed of within a stipulated time, the ends of justice could be secured. 4.On the other hand, Mr.P.

Arun Jayatram, learned counsel for the third respondent would submit that the third respondent herein took charge only on 05.10.2019. Therefore, there is a considerable delay in disposing of the representation. He would further submit that the said representation will be disposed of within a period of two weeks on merits and in accordance with law. 5.In view of the above submissions made by the learned counsel appearing on either side, this Court do not see any justifiable reason to grant an excuse for the delay, after taking charge on 05.10.2019. Therefore, this Court directs the third respondent to dispose of the representation dated 18.11.2019 within a period of two weeks from the date of receipt of a copy of this order on merits and in accordance with law, without making any further delay in its decision making process.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) cp 2/3

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:- 1.The Deputy Registrar of Co-operative Societies, Tenkasi, Tenkasi District.

+1 CC to M/s.P. SUBBIAH, Advocate ( SR-18419[F] dated 30/09/2020 ) 12.10.2020 NS(CO) NR (03/11/2020) 3P : 3C 3/3