A.Muthuraja v. The Registrar Of Co-Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD).No.14720 of 2020 A.Muthuraja

...Petitioner

Vs.

1.The Registrar of Co-operative Societies, No.170, NV Natarajan Maaligai, Periyar EVR High Road, Poonamallee High Road, Kilpauk, Chennai - 600 010.

2.The Joint Registrar of Co-operative Societies, 3.The Deputy Registrar of Co-operative Societies, 4.The Managing Director, The Tuticorin Co-operative Bank Ltd., A-188, No.47, Emperor Street, Tuticorin - 628 001.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to regularize the petitioner's service with all other monetary benefits by considering the representation dated 05.10.2020. For Petitioner :

Mr.C.Selvaraj For Respondents :

Mr.B.Bhagawathi, Government Advocate

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to the respondents to regularize his service with all other monetary benefits were not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 05.10.2020, which is still pending.

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 orders in one way or other, 1/3

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 Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, it would be appropriate to direct the second respondent herein to consider the petitioner's representation dated 05.10.2020, within a stipulated time and thereby the ends of justice could be secured. 5.Accordingly, there shall be a direction to the second respondent to consider the petitioner's representation dated 05.10.2020, on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Registrar of Co-operative Societies, No.170, NV Natarajan Maaligai, Periyar EVR High Road, Poonamallee High Road, Kilpauk, Chennai - 600 010.

2.The Joint Registrar of Co-operative Societies, 2/3

3.The Deputy Registrar of Co-operative Societies, 4.The Managing Director, The Tuticorin Co-operative Bank Ltd., A-188, No.47, Emperor Street, Tuticorin - 628 001.

+1 CC to M/s.GP ( SR-445[F] dated 07/01/2021 ) 06.01.2021 (SR)CO AP(19/01/2021) 3 P 6C 3/3