N.Gunasekaran, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2017

CORAM:

THE HON'BLE MR.JUSTICE S.S.SUNDAR Writ Petition (MD) No.1182 of 2017 and W.M.P.(MD)No.1003 of 2017 N.Gunasekaran ... Petitioner

Versus

1.The State of Tamil Nadu, Represented by the Principal Secretary, Secretariat, Fort St. George, Chennai - 09.

2.The State of Tamil Nadu, Represented by the Secretary, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

3.The Registrar (Housing), Tamil Nadu Co-operative Housing Society, Tamil Nadu Housing Board Campus, No.493, Anna Salai, Nandanam, Chennai - 600 035.

4.The Deputy Registrar (Housing), Housing Society, Virudhunagar Region, No.3, D.D. Road, Mani Nagaram, Virudhunagar, Virudhunagar District.

5.The President, VNR HSG 18, Aruppukottai Cooperative Housing Society Ltd., No.7.Malayarasan Street, Velayuthapuram, Aruppukottai, Virudhunagar District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to provide the retirement benefits including the Gratuity and Provident Fund with current rate of interest from the date of retirement i.e. 30.04.2011 till the date of disbursement

of the retirement benefits within the time stipulated by the Hon'ble Court.

For petitioner : Mr.T.Lajapathi Roy For R1 & 2 : Mr.V.Pandi, Government Advocate For R3 and R4 : Mr.R.Murali for Mr.G.R.Swaminathan For R5 : No Appearance ***

O R D E R

Though this Writ Petition is filed for issuance of a positive direction against the respondents, the learned counsel for the petitioner submitted that the petitioner will be satisfied if this Court directs the respondents to consider the representations of the petitioner dated 24.07.2015 and 17.12.2015 within the time stipulated by this Court.

2.Heard the learned Counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 and 4 as well as the learned Standing Counsel appearing for the respondents 2 and 3.

3.Considering the nature of grievance expressed by the petitioner in the present writ petition and the other circumstances, without expressing any opinion on the merits of the case, this Court is inclined to pass the following order: The respondents are directed to consider and dispose of the petitioner's representations dated 24.07.2015 and 17.12.2015 on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Principal Secretary, State of Tamil Nadu, Secretariat, Fort St. George, Chennai - 09.

2.The Secretary, State of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

3.The Registrar (Housing), Tamil Nadu Co-operative Housing Society, Tamil Nadu Housing Board Campus, No.493, Anna Salai, Nandanam, Chennai - 600 035.

4.The Deputy Registrar (Housing), Housing Society, Virudhunagar Region, No.3, D.D. Road, Mani Nagaram, Virudhunagar, Virudhunagar District.

5.The President, VNR HSG 18, Aruppukottai Cooperative Housing Society Ltd., No.7.Malayarasan Street, Velayuthapuram, Aruppukottai, Virudhunagar District.

+1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER, SR No. 13746 +1 CC to M/s. T.LAJAPATHY ROY, Advocate, SR No. 13635 SRM PSM/CM-MSA/17.03.2017/3P/8C Writ Petition (MD) No.1182 of 2017 09.03.2017