A.Sankaranantham, v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.22946 of 2016 A.Sankaranantham : Petitioner Vs.

1.The Principal Secretary to Government of Tamil Nadu, Co-operation of Food and Consumer Protection Department, Protection Department, Fort St. George, Chennai - 09.

2.The Registrar of Co-operative Societies, Kilpauk, Chennai - 10.

3.The Joint Registrar of Cooperative Societies, Theni Region, Theni.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to provide interest at the rate of 12% for the belated payment of all terminal benefits to the tune of Rs.12,86,769/- (Twelve Lakhs Eighty Six Thousand Seven Hundred and Sixty Nine Only) to the petitioner for the period from 01.07.2004 to 06.03.2012 by considering the petitioner's representation, dated 15.11.2016, within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to provide interest at the rate of 12% for the belated payment of all terminal benefits to the tune of Rs.12,86,769/- (Twelve Lakhs Eighty Six Thousand Seven Hundred and Sixty Nine Only) to the petitioner for the period from 01.07.2004 to 06.03.2012 by considering the petitioner's representation, dated 15.11.2016. https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who took notice for the

respondents. By consent, the writ petition itself is taken up for final disposal.

3.The brief facts leading to the filing of this writ petition are as follows:

The petitioner was working as Deputy Registrar of Cooperative Societies, Theni. He attained the age of superannuation on 30.06.2004. But, he was placed under suspension on 23.06.2004, on the ground of charges of corruption and malpractices. Thereafter, he filed W.P(MD)No.6370 of 2011 seeking to quash the charge memo. This Court by the order dated 20.06.2011, quashed the charge memo. Thereafter, the petitioner has sent a representation dated 16.10.2016, to the respondents, seeking to provide interest at the rate of 12% for the belated payment of terminal benefits for the period from 01.07.2004 to 06.03.2012. As the representation is not considered, this writ petition has been filed. 4.Heard the learned Additional Government Pleader appearing for the respondents.

5.Considering the limited prayer sought for by the petitioner, without expressing any opinion on the merits of the matter, the Writ Petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 16.10.2016 and to pass orders on merits and in accordance with law, within a period of eight weeks, from the date of receipt of a copy of this order. No costs.

Sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.

To 1.The Principal Secretary to Government of Tamil Nadu, Co-operation of Food and Consumer Protection Department, Protection Department, Fort St. George, Chennai - 09.

2.The Registrar of Co-operative Societies, Kilpauk, Chennai - 10.

3.The Joint Registrar of Cooperative Societies, Theni Region, Theni.

+1CC to M/S.T.Lajapathi Roy, Advocate, SR.No. 75013 +1CC to the Special Government Pleader, SR.No. 78110 ORDER MADE IN W.P(MD)No.22946 of 2016 30.11.2016 smn AM/EM JMP/20.01.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/