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Madras High CourtWP(MD)/16896/2021disposed of

Archunan v. The Joint Registrar

2021-09-20Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.(MD). No. 16896 of 2021 and W.M.P.(MD). No.13798 of 2021 Mr.Archunan ... Petitioner Vs.

1.The Joint Registrar, Theni Zone Circle Cooperative Societies, Theni District.

2.The Deputy Registrar, Uthamapalayam Division, Theni District.

3.The President, M.D.Spl. 22, B.Meenakshipuram Primary - Agricultural Cooperative Thrift Society Ltd., B.Meenakshipuram, Bodinaickanoor Taluk, Theni District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to conclude the revision filed by the petitioner within the time stipulated by this Court and further forbearing the 3rd respondent from passing any resolution in the general body to be held on 15.09.2021 or any other subsequent dates touching the service of the petitioner pending disposal of the revision dated 07.07.2021 before the 1st respondent.

For Petitioner :

Mr.K.Vairamuthu For Respondents :

Mr.S.Shanmugavel, Standing Counsel for State.

O R D E R

This petition has been filed seeking for issuance of a Writ of Mandamus, to direct the 1st respondent to conclude the revision filed by the petitioner within the time stipulated by this Court and further forbearing the 3rd respondent from passing any resolution in the general body to be held on 15.09.2021 or any other subsequent dates touching the service of the petitioner pending disposal of the revision dated 07.07.2021 before the 1st 1/3

respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. 3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4.According to the petitioner, he was working as Salesman in the Ration shop run by the third respondent. The third respondent by proceedings dated 30.04.2021 issued a second show cause notice to the petitioner and whereby, imposed punishment of stoppage of increment for three years with cumulative effect alleging that the petitioner has violated the Co-operative Rules and acted in support of political parties. Challenging the aforesaid proceedings of the third respondent dated 30.04.2021, the petitioner has preferred a revision petition dated 07.07.2021 before the first respondent. But till date, the said revision is pending, and no orders were passed. Hence, the petitioner seeks mandamus to the first respondent to dispose of the revision within a prescribed time limit that may be fixed by this Court.

5. The learned Standing counsel appearing for the respondents would submit that if such a revision petition is still pending, the same shall be disposed of at the earliest and appropriate orders would be passed in accordance with law.

6. In view of the submissions made by the learned counsel appearing for both sides, and also considering the limited scope of prayer as sought by the petitioner, this Court without expressing any opinion on merits, directs the first respondent to dispose of the revision dated 07.07.2021 preferred by the petitioner at the earliest and pass appropriate orders therein, in accordance with law and on merits, after affording an opportunity to the parties concerned, within a period of 12 weeks from the date of receipt of a copy of this order.

7. With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

dn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Joint Registrar, Theni Zone Circle Cooperative Societies, Theni District.

2.The Deputy Registrar, Uthamapalayam Division, Theni District.

+1 CC to M/s.SPL. GP (SR-29767[F] dated 21/09/2021) W.P.(MD).No.16896 of 2021 20.09.2021 SJ(CO) SB(30.09.2021) 3P 4C 3/3