Prabakaran.B v. The Joint Registrar Of Co-Operative Societies
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.18891 of 2022 B.Prabakaran ... Petitioner /vs./ 1.The Joint Registrar of Co-operative Societies, Trichirappalli Region, O/o.Joint Registrar, Kajamalai, Trichy - 20.
2.The Deputy Registrar of Co-operative Societies, Lalgudi Region, Trichirappalli.
3.R.939, Thachangurichi Primary Agriculture Co-operative Credit Society, Represented by its President, Thanchangurichi, Lalgudi, Trichirappalli.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 25.06.2022 made in regard to disbursal of the provident fund, Gratuity and leave salary of his deceased father, R.Balakrishnan within the time limit that may be stipulated by this Court. 1/4
For Petitioner : Mr.K.Gurunathan For Respondents : Mr.M.Ramesh Government Advocate
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
2.The petitioner herein had given a representation to the respondents on 25.06.2022 seeking for disbursal of the provident fund, Gratuity and leave salary of his deceased father, namely, R.Balakrishnan. Since the said representation was not considered, the present writ petition has been filed. 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, 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 2/4
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, there shall be a direction to the fourth respondent herein to consider the petitioner's representation dated 25.06.2022, on its own merits and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits. 5.With the above direction, the Writ Petition stands disposed of. No costs. 22.08.2022 Index : Yes / No Internet : Yes / No sm 3/4
M.S.RAMESH, J.
Sm TO:
1.The Joint Registrar of Co-operative Societies, Trichirappalli Region, O/o.Joint Registrar, Kajamalai, Trichy - 20.
2.The Deputy Registrar of Co-operative Societies, Lalgudi Region, Trichirappalli.
3.R.939, Thachangurichi Primary Agriculture Co-operative Credit Society, Represented by its President, Thanchangurichi, Lalgudi, Trichirappalli.
Order made in W.P.(MD)No.18891 of 2022 Dated:
22.08.2022 4/4