K.Annalingam v. The Registrar Of Co Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.18279 of 2025 K.Annalingam ... Petitioner -vs1. The Registrar of Co Operative Societies, O/o Registrar of Co Operative Societies, N.V. Natarajan Maaligai, 170, EVR High Ways, Kilpauk, Chennai - 10.

2. The Joint Registrar of Co Operative Societies, O/o the Joint Registrar of Co Operative, Tirunelveli District.

3. The Deputy Registrar of Co Operative Societies, O/o the Deputy Registrar of Co Operative Societies, Cheranmahadevi, Tirunelveli District.

4. The Special Officer, EE44, PACCS (Primary Agricultural Co Operative Credit Society), Kaval Kinaru, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to directing the 3rd and 4th respondents to take necessary action with regard to the petitioner's representations dated 1/6

03.04.2025 and 10.06.2025 in the light of the proceedings dated 21.02.2025 on the file of the 3rd respondent within a stipulated time may be fixed by this Court.

For Petitioner : Mr.S.Suresh Kumar For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

This writ petition has been filed seeking a direction to the 3rd and 4th respondents to take necessary action with regard to the petitioner's representations dated 03.04.2025 and 10.06.2025 in the light of the proceedings dated 21.02.2025 on the file of the 3rd respondent within a stipulated time may be fixed by this Court.

2. Heard the learned counsel on either side and perused the materials placed before this Court.

3. The petitioner was appointed as 'Assistant' in the fourth respondent society on temporary basis and his service was regularized as 'Junior Assistant' and he was upgraded to the post of 'Fertilizer Salesman'. While this 2/6

being so, the fourth respondent initiated the disciplinary proceedings against the petitioner and he was issued with a charge memo and also order of suspension dated 31.05.2024. Thereafter, the order of suspension was revoked directing the petitioner to join duty from 22.08.2024. However, the fourth respondent did not allow the petitioner to join duty. Pursuant to the order of this Court, the petitioner joined duty on 09.01.2025. Subsequently, the third respondent also issued proceedings dated 21.02.2025 to continue the petitioner in service in Kalakkadu Amythi Theevu Primary Agricultural Cooperative Credit Society on deputation basis. However, the salary has not been disbursed to the petitioner and his earned leave application is also pending. Hence, the petitioner made representations to the respondents dated 03.04.2025 and 10.06.2025. Since the said representations were not considered, 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, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its 3/6

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 consider the petitioner's representations dated 03.04.2025 and 10.06.2025, on its own merits and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this 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. 08.07.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Registrar of Co Operative Societies, O/o Registrar of Co Operative Societies, N.V. Natarajan Maaligai, 170, EVR High Ways, Kilpauk, Chennai - 10.

2. The Joint Registrar of Co Operative Societies, O/o the Joint Registrar of Co Operative, Tirunelveli District.

3. The Deputy Registrar of Co Operative Societies, O/o the Deputy Registrar of Co Operative Societies, Cheranmahadevi, Tirunelveli District.

4. The Special Officer, EE44, PACCS (Primary Agricultural Co Operative Credit Society), Kaval Kinaru, Tirunelveli District.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.18279 of 2025 Dated:

08.07.2025 6/6