N.Krishnasamy v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.18888 of 2017 N.Krishnasamy ... Petitioner Vs.

1. The State of TamilNadu Rep. by its Secretary to Government Housing and Urban Development Department Fort St. George, Secretariat, Chennai 600 009.

2. The Registrar of Co-operative Societies (Housing) Tamilnadu Co-operative Housing Societies Complex 2nd Floor, NO.48, Rithartan Road,Vepperi, Chennai 600 007.

3. The Deputy Registrar of Co-operative Societies (Housing) Office of the Regional Deputy Registrar, Daniel Thomas Nagar, Opp.to Old Housing Unit, Thanjavur - 613 007, Thanjavur District.

4. The President, T.834, Shanmuga Nagar Co-operative Building Society, Opp. To Kundavai Natchiar Women's College, Kannan Nagar, Thanjavur - 613 007, Thanjavur District.

5. The Secretary, T.834, Shanmuga Nagar Co-operative Building Society, Opp. To Kundavai Natchiar Women's College, Kannan Nagar, Thanjavur - 613 007, Thanjavur District.

..Respondents Prayer: This Writ Petition has been filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents herein to pay all the entire monetary benefits due to the petitioner with interest at the rate of 18% p.a. from the date of attaining age of superannuation i.e. on 30.09.2015 to till the date of entire payments by calculating the same in accordance with law by issuing necessary relieving order within a stipulated period as that may be fixed by the Hon'ble Court. For Petitioner : Mr.R.Thangapandian For Respondents : Mr.A.K.Baskara Pandian, 1 to 3 Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Writ petition has been filed seeking direction to the respondents to pay all monetory benefits due to the petitioner with interest from the date of attaining Superannuation on 30.09.2015 within a specific time limit.

2.When the learned counsel for the petitioner was questioned how the writ petition is maintainable, to enforce his right against the 4th and 5th respondents viz., The President & The Secretary, T.834, Shanmuga Nagar Co-operative Building Society, Thanjavur, the learned counsel for the petitioner states that in the light of order of the Division Bench of this court in the case K.Marappan Vs. Deputy Registrar, Co-operative Societies, in 2006

(4) CTC 689, he withdraws this writ petition with liberty to avail other legal remedies for the relief claimed and has made an endorsement to that effect.

3.In view of the aforesaid statement and endorsement made, this Writ petition is dismissed as withdrawn with liberty to the petitioner to resort to other legal remedies for the relief claimed in this Writ petition.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai 600 009.

2. The Registrar of Co-operative Societies (Housing) Tamilnadu Co-operative Housing Societies Complex, 2nd Floor, NO.48, Rithartan Road,Vepperi, Chennai 600 007.

3. The Deputy Registrar of Co-operative Societies (Housing) Office of the Regional Deputy Registrar, Daniel Thomas Nagar, Opp.to Old Housing Unit, Thanjavur - 7, Thanjavur District.

+ 1 cc TO Mr.R.Thangapandian , Advocate in SR No. 84128 + 1 cc TO The Special Government Pleader in SR No. 84844 TM/SMI AE/SKN RSK/SAR3/13.11.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD)Nos.18888 of 2017 30.10.2017