Md 107 Tamilnadu State Transport v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.23132 of 2025 MD 107 Tamilnadu State Transport Corporation Employees Coop Thrift and Credit Society, Rep. by its Secretary, 138(1) Railway Station Road, Nagal Nagar, Dindigul.

: Petitioner Vs.

1. The Chairman, Tamilnadu State Transport Corporation, Secretariat, St. George Fort, Chennai.

2. The Managing Director, Tamilnadu State Transport Corporation, Madurai Division, Bypass Road, Madurai.

3. The General Manager, Tamilnadu State Transport Corporation, Karur Road, Dindigul.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 2 and 1/6

3 to recover the loan dues from the salaries of the employees every month and remit the same to the petitioner society based on the petitioner's representation dated 18.03.2025 within the period that may be stipulated by this Court.

For Petitioner : Mr.C.G.Pethanaraj For Respondents : Mr.K.Ramaiah (R2 & R3)

ORDER

This writ petition has been filed seeking a direction to the respondents 2 and 3 to recover the loan dues from the salaries of the employees every month and remit the same to the petitioner society based on the petitioner's representation dated 18.03.2025 within the period that may be stipulated by this Court.

2. Considering the nature of the order proposed to be passed in this writ petition, notice to the first respondent is dispensed with and this writ petition is taken up for final disposal at the stage of admission itself.

3. The learned counsel appearing for the petitioner submits that the petitioner is a registered society and the petitioner sanctioned loans to its employees. However, the said amount was not refunded and hence, 2/6

the petitioner seeks recovery of the same. In this regard, the petitioner also made a representation to the respondents dated 18.03.2025 seeking the aforesaid relief. Since the said representation was not considered till date, the petitioner has filed the present Writ Petition.

4. 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 him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration 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 the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the third respondent to conduct enquiry after issuing notice to the respective employees and pass appropriate orders in accordance with law, after affording opportunity of hearing to them, by considering the petitioner's representation dated 18.03.2025, on its own merits and and within a period of six weeks from the date of receipt of a copy of this 3/6

order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 26.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

1. The Managing Director, Tamilnadu State Transport Corporation, Madurai Division, Bypass Road, Madurai.

2. The General Manager, Tamilnadu State Transport Corporation, Karur Road, Dindigul.

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M.DHANDAPANI, J.

Sm W.P.(MD) No.23132 of 2025 26.08.2025 6/6