Anshil.A.V v. The Registrar Of Co-Operative Societies
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH A.V.Anshil ... Petitioner Vs.
1.The Registrar of Co-operative Societies, No.170, Periyar EVR High Road, Poonamallee High Road, Chennai - 600 010.
2.The Joint Registrar of Co-operative Societies, Central Co-operative Bank, Nagercoil, Kanniyakumari District.
3.The Deputy Registrar of Co-operative Societies, Thuckaly, Kanniyakumari District.
4.The President, Y-178, Eraviputhoorkadai Primary Agriculture Co-operative Credid Society Ltd., Katuvillai, Kattathurai Post, Kanniyakumari District.
... Respondents 1/5
PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 to 3 to appoint the petitioner in the 4th respondent society or any other society based on the petitioners application dated 05.08.2017.
For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.M.Ramesh Government Advocate
O R D E R
By consent of both the parties, this writ petition is taken up for final disposal.
2. The petitioner herein had given a representation to the respondents on 05.08.2017 seeking to appoint the petitioner in the 4th respondent society or any other society. Since the said representation was not considered, the present writ petition has been filed.
3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate 2/5
orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction to the fourth respondent herein to consider the petitioner's representation dated 05.08.2017 on its own merits and pass appropriate orders in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.
5. With the above direction, the Writ Petition stands disposed of. No costs.
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To 1.The Registrar of Co-operative Societies, No.170, Periyar EVR High Road, Poonamallee High Road, Chennai - 600 010.
2.The Joint Registrar of Co-operative Societies, Central Co-operative Bank, Nagercoil, Kanniyakumari District.
3.The Deputy Registrar of Co-operative Societies, Thuckaly, Kanniyakumari District.
4.The President, Y-178, Eraviputhoorkadai Primary Agriculture Co-operative Credid Society Ltd., Katuvillai, Kattathurai Post, Kanniyakumari District.
4/5
M.S.RAMESH,J.
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