H.Gokuldas v. The Registrar Of Co-Op. Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.15330 of 2025 H.Gokuldas ... Petitioner -vs1. The Registrar of Co-Op. Societies, N.V.Natarajan Maligai, 170, E.V.R. Periyar Road, Kilapuk, Chennai 600 010.

2. The Joint Registrar of Co-Op. Societies, Thanjavur Region, Samiyappa Co - Op Training Institute Campus, Medical College Road, Thanjavur - 7.

3. The Deputy Registrar of Co - Op Societies, Thanjavur Region, Samiyappa Co Op Training Institute Campus, Medical College Road, Thanjavur - 7.

4. Thanjavur Nagai Thiruvarur Dists, Medical Department Employees Coop Thrift and Credit Society Limited, Rep by its Administrator, Raja Mirasdar Hospital Campus, Thanjavur.

... Respondents 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to pay the interest for the period of 31.01.2024 to 12.02.2025 to the petitioner for the belated payment of retirement benefits and the revised reliving order and to pass such further or other orders as this Honble may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner : Mr.D.Senthil For Respondents : Mr.S.R.A.Ramachandhran Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondents to pay the interest for the period of 31.01.2024 to 12.02.2025 to the petitioner for the belated payment of retirement benefits and to issue the revised relieving order to the petitioner.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that though larger relief has been sought 2/6

for by the petitioner, now, he confines the prayer that it would suffice if the representation of the petitioner is disposed of in accordance with law.

4. 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 him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration 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 the Constitution of India and direct them to consider the same within a stipulated time.

5. Considering the facts and circumstances of this case, the petitioner is directed to make a fresh representation before the third respondent, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the third respondent concerned shall consider the same on merits and dispose of the same in accordance with law, within a period of one month thereafter.

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6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

06.06.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Registrar of Co-Op. Societies, N.V.Natarajan Maligai, 170, E.V.R. Periyar Road, Kilapuk, Chennai 600 010.

2. The Joint Registrar of Co-Op. Societies, Thanjavur Region, Samiyappa Co - Op Training Institute Campus, Medical College Road, Thanjavur - 7.

3. The Deputy Registrar of Co - Op Societies, Thanjavur Region, Samiyappa Co Op Training Institute Campus, Medical College Road, Thanjavur - 7.

4. Thanjavur Nagai Thiruvarur Dists, Medical Department Employees Coop Thrift and Credit Society Limited, Rep by its Administrator, Raja Mirasdar Hospital Campus, Thanjavur.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.15330 of 2025 Dated:

06.06.2025 6/6