G. Paulraj v. The Registrar Of Co.Operative

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.6169 of 2016 and WMP(MD)No.1902 of 2017 G.Paulraj ... Petitioner Vs.

1.The Registrar of Co-Operative Societies, 170, Periyar EVR. High Road, Kilpauk, Chennai.

2.The Joint Registration of Co-Operative Societies, Madurai Region, Lady Doak College Road, Chinna Chokkikulam,Madurai.

3.The Deputy Registrar of Co-Operative Societies, Usilampatti Circle @ Thirumangalam, Jawahar Nagar, Thirumangalam, 4.The President, A-2538 Melapatti Primary Agricultural Co-Operative Credit Society, S.Perumalpatti, S.P.Natham,Thirumangalam Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to pay the remaining Terminal Benefits along with accrued interest to the petitioner based on his representations to the respondents.

For Petitioner : Mr.M.Gururaj For Respondent : Mr.V.Anand, Nos. 1 to 3 Government Advocate For Respondent : Mr.R.R.Kannan No.4

ORDER

This writ petition has been filed seeking to direct the respondents to pay the remaining Terminal Benefits along with accrued interest to the petitioner based on his representations.

2.The learned Counsel for the petitioner submitted that since the petitioner's representations seeking to settle the terminal benefits along with accrued interest have not been considered by the respondent, the petitioner is before this Court. 3.Upon notice, the respondents have filed a counter affidavit and paragraph No.17 whereof reads thus:

"17. It is submitted that after receipt of audit report 2013-2014, the 4th respondent society arrived at the quantum of amount payable to the petitioner by way of retirement benefits and the amounts to be recovered from him for the financial irregularities committed by him which caused financial loss to the society." 4.In reply to the above, the learned Counsel stoutly refuted the above averments.

5.Under such circumstances, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 01.07.2015, on merits and in accordance with law and pass necessary orders, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS) dsk To 1.The Registrar of Co-Operative Societies, 170, Periyar EVR. High Road, Kilpauk, Chennai.

2.The Joint Registration of Co-Operative Societies, Madurai Region, Lady Doak College Road, Chinna Chokkikulam,Madurai.

3.The Deputy Registrar of Co-Operative Societies, Usilampatti Circle @ Thirumangalam, Jawahar Nagar, Thirumangalam,

4.The President, A-2538 Melapatti Primary Agricultural Co-Operative Credit Society, S.Perumalpatti, S.P.Natham,Thirumangalam Taluk, +1CC TO MR.R.ANANDHARAJ, Advocate Sr. No.57849 ORDER MADE IN WP(MD)No.6169 of 2016 28.03.2019 DB(CO) TR (07.05.2019) 3P 6C