Krishnakumar S v. The Registrar Of Cooperative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.11723 of 2021 S.Krishnakumar ... Petitioner Vs 1.The Registrar of Co-operative Societies, No.170, N.V.Natarajan Maaligai, Periyar E.V.R.High Road, Kilpauk, Chennai - 600 010.

2.The Joint Registrar of Co-operative Societies, Office of the Joint Registrar of Co-operative Societies, Kanyakumari Region, Kanyakumari.

3.The Deputy Registrar / Managing Director, Kanyakumari District Central Co-operative Bank Limited, No.15/8-12, Alexander Press Road, Head Office, Nagercoil, Kanyakumari District.

4.T.Suresh ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider representation of the petitioner dated 02.08.2021 and consequently, direct the first respondent to enquire into the illegal appointment of the fourth respondent and conversion of category from technical post to non-technical post by appointing Enquiry Committee headed by Additional Registrar of Coopertive Societies and recover the monetary loss caused to the third respondent Bank.

For Petitioner : Mr.S.Prabhu For Respondents : Mr.S.Shanmugavelu Additional Government Pleader for R.1 & R.2 Mr.S.Xavier Rajini for R.3 Mr.Isaac Mohanlal Senior Counsel M/s. Isaac Chambers for R.4

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Additional Government Pleader appearing for the respondents 1 and 2, the learned counsel appearing for the third respondent and the learned Senior Counsel appearing for the fourth respondent.

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2. All that the petitioner wants is consideration of the representation made by him before the third respondent. The learned Senior Counsel appearing for the fourth respondent relying on the decision of the Hon'ble Supreme Court in A.P.S.R.T.C & Others Vs. G.Srinivas Reddy & Others reported in (2006) 3 SCC 674, contended that direction cannot be issued by the writ Court calling upon the authority to consider the representation. A direction to consider can be given only if the case is made out. The writ petitioner must show that his right has been infringed. Only in such an event, this Court will be giving the direction sought for. The writ petitioner's rights are not in any way infringed by the appointment of the fourth respondent. This being a service matter, only at the instance of an aggrieved individual, writ petition can be entertained. I do not find any ground to grant the relief sought for.

3. This writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

16.11.2022 Index : Yes / No Internet : Yes/ No mga 3/4

G.R.SWAMINATHAN, J.

mga To 1.The Registrar of Co-operative Societies, No.170, N.V.Natarajan Maaligai, Periyar E.V.R.High Road, Kilpauk, Chennai - 600 010.

2.The Joint Registrar of Co-operative Societies, Office of the Joint Registrar of Co-operative Societies, Kanyakumari Region, Kanyakumari.

3.The Deputy Registrar / Managing Director, Kanyakumari District Central Co-operative Bank Limited, No.15/8-12, Alexander Press Road, Head Office, Nagercoil, Kanyakumari District.

and W.M.P(MD)No.11723 of 2021 16.11.2022 4/4