S.S.Ambalavanan v. The Managing Director/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2016 CORAM :

THE HON'BLE DR. JUSTICE S.VIMALA Writ Petition (MD) No.22326 of 2016 & W.M.P.(MD) No.16001 of 2016 S.S.Ambalavanan ... Petitioner Vs.

1. The Managing Director / Additional Registrar, The Tamil Nadu Cooperative Housing Federation Ltd., No.48 Ridharton Road, Veperi, Chennai 600 007

2. The Deputy Registrar (Housing), O/o. The Deputy Registrar of Cooperative Societies (Housing), No.10A, Singam Building, Thiruvananthapuram Road, Palayamkottai, Tirunelveli 627 002

3. The Management, Rep. by its President, O.2158 Maharaja Nagar Cooperative Housing Society Ltd., No.A-79/2, 3rd Main Road, Maharaja Nagar, Tirunelveli - 627 011, Tirunelveli District ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to consider the letter of the third respondent, dated 01.08.2016 and to disburse the petitioner's retirement benefits with interest within a stipulated time that may be fixed by this Court.

For Petitioner : Mr. M.Saravanakumar For Respondents : Mr. V.R.Shanmuganathan, Spl.G.P.

O R D E R

This is a writ petition filed by the petitioner for the issuance of a Writ of Mandamus, directing the first respondent to consider the letter of the third respondent, dated 01.08.2016 and to disburse the petitioner's retirement benefits with interest within a stipulated time that may be fixed by this Court.

2. Heard Mr.M.Saravanakumar, learned counsel appearing for the petitioner and Mr.V.R.Shanmuganathan, learned Special Government Pleader, who accepts notice on behalf of the respondents. By consent of the learned counsel for both sides, the writ petition is taken up for final disposal at the admission stage itself.

3. A proposal dated 01.08.2016 submitted by the third respondent seeking the relief of payment of Rs.8,65,594/- as retirement benefit to the petitioner, S.S.Ambalavanan, is sought to be considered by the first respondent.

3.1. The petitioner has sent a representation, dated 24.10.2016, seeking disbursement of retirement benefits to the extent of Rs.8,65,594/-. As his request was not considered, this writ petition has been filed.

4. The learned Special Government Pleader appearing for the first respondent would submit that it is agreeable for the respondents 1 and 2 to consider the proposal submitted by the third respondent and to pass an order in accordance with law.

5. Accordingly, the first respondent is hereby directed to consider the proposal submitted by the third respondent, and to pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition stands disposed of. No costs. Consequently the connected WMP is closed. Sd/- Assistant Registrar(Writ) /True Copy/ Sub Assistant Registrar srk To

1. The Managing Director / Additional Registrar, The Tamil Nadu Cooperative Housing Federation Ltd., No.48 Ridharton Road, Veperi, Chennai 600 007

2. The Deputy Registrar (Housing), O/o. The Deputy Registrar of Cooperative Societies (Housing), No.10A, Singam Building, Thiruvananthapuram Road, Palayamkottai, Tirunelveli 627 002

3. The Management, Rep. by its President, O.2158 Maharaja Nagar Cooperative Housing Society Ltd., No.A-79/2, 3rd Main Road, Maharaja Nagar, Tirunelveli - 627 011, Tirunelveli District +1cc to Mr.M.Saravanakumar Advocate Sr.No. 71934 +1cc to Spl.Government Pleader Sr.No. 71673 JAM/09.02.17/CM-MSA/ 3P-6C W.P.(MD) No.22326 of 2016 & W.M.P.(MD) No.16001 of 2016 22.11.2016