Selin.G.G v. The Registrar Of Cooperatives Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.20751 of 2022 G.G.Selin ... Petitioner /vs./ 1.The Registrar of Co-operative Societies, No.170, EVR Highway, Kilpauk, Chennai-10.

2.The Joint Registrar, Co-operative Societies, Nagercoil, Kanyakumari District.

3.The Deputy Registrar, Co-operative Societies, Thuckalai, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to regularize and promote the petitioner based on the Circular No.7/2021, dated 09.09.2021 by considering the representation of the petitioner dated 09.05.2022 within a stipulated time.

For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.P.Thilak Kumar Government Pleader assisted by Mr.M.Ramesh Government Advocate 1/4

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 09.05.2022 seeking for regularization and promotion. 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 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 first respondent herein to consider the petitioner's representation dated 09.05.2022 on 2/4

its own merits and pass appropriate orders in accordance with law, within a period of three (3) months 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. 01.09.2022 Index : Yes / No Internet : Yes / No Rmk TO:

1.The Registrar of Co-operative Societies, No.170, EVR Highway, Kilpauk, Chennai-10.

2.The Joint Registrar, Co-operative Societies, Nagercoil, Kanyakumari District.

3.The Deputy Registrar, Co-operative Societies, Thuckalai, Kanyakumari District.

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M.S.RAMESH, J.

Rmk Order made in W.P.(MD)No.20751 of 2022 01.09.2022 4/4