Jeyakumar.K v. The Registrar Of Housing Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.06.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Jeyakumar ... Petitioner Vs.

1.The Registrar of Housing Societies, Office of Registrar Housing Societies, No.48, Rithartan Salai, Vepari, Chennai 600 007.

2.The Deputy Registrar of Housing Societies, 3, DD Salai, Mani Nagaram, Virudhunagar Post and District.

3.The President, MDA HSG 108, Srivilliputhur Taluk, Co-operative Housing Society, 13/1, N.G.G.O. Colony, Srivilliputtur Post, Virudhunagar District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take necessary action the third respondent to disburse the retirement monetary benefit of Rs.4,90,543.95/- (Rupees Four Lakhs Ninety Thousand and Five Hundred Forty Three and Ninety Five Paise only) with 12% interest from the date of petitioner's retirement I.e., 31.05.2012. For Petitioner : Mr.S.Chinnaian For Respondents : Mr.R.Saravanan 1/4

ORDER

This Writ Petition has been filed for a direction to the respondents 1 and 2 to take necessary action directing the third respondent to disburse the retirement benefit of Rs.4,90,543.95/- (Rupees Four Lakhs Ninety Thousand and Five Hundred Forty Three and Ninety Five Paise only) with 12% interest from the date of petitioner's retirement I.e., 31.05.2012.

2.The petitioner is a retired employee of the respondent Society. The petitioner's grievance is that his retirement benefits have not been settled till this date. It is also stated that there are number of similarly placed retired employees. The Management is therefore directed to evolve an equitable formula so that all the retired employees of the society are paid either in installments or on pro~rata basis. The seniority of the retired employees will also be borne in mind. If even after expiry of the reasonable period, there is no reasonable settlement, it is open to the petitioner to file a fresh Writ Petition for even liquidating and winding up the Society so that out of the proceeds, the benefits payable to the retired employees can be settled.

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3.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

04.06.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn 3/4

L.VICTORIA GOWRI, J.

Mrn 04.06.2024 4/4