I.Sundaralingam v. G.Govindaraj
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH in W.P.(MD)No.1573 of 2015 I.Sundaralingam ... Petitioner / Petitioner /vs./ 1.Mr.G.Govindaraj, Registrar of Cooperative Societies, N.N.Natarajan Maaligai, No.170, Periyar EVR High Road, Kilpauk, Chennai.
2.Mr.T.N.Priyadharsini, Joint Registrar of Cooperative Societies, Palayamkottai, Tirunelveli.
3.Mr.P.Valarmathi, Deputy Registrar of Cooperative Societies, Cheranmahadevi, Ambasamudram Taluk, Tirunelveli District.
4.P.Ayyappan, President, A 507, Panagudi Primary Agricultural Cooperative Society, Panagudi, Tirunelveli District.
5.Mr.A.Syed, President, EE 440, Kasthuri Rengapuram Society, Kasthuri Rengapuram, Tirunelveli District.
... Contemnors/Respondents PRAYER: Petition filed under Section 11 of the Contempt of Court Act, to punish the respondents herein for their willful disobedience of the order passed by this Court in W.P.(MD)No.1573 of 2015, dated 26.03.2019.
Prayer in WP(MD). 1573/ 2015 :
Writ Petition is filed under Article 226 of the 1/3
Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 2nd and 3rd respondents to consider the representation of the Petitioner dated 05.05.2014 and consequently direct them to give duty to the Petitioner in any other society having the vacancy suitable to the Petitioner's Cadre and disburse all service and monetary benefits to the Petitioner. For Petitioner : Mr.V.Balaji For R-1 to R-3 & R-5 : Mr.R.Sethuraman Special Government Pleader For R-4 : Mr.S.Kumar
ORDER
Earlier order of this Court dated 26.03.2019 passed in W.P. (MD)No.1573 of 2015 was to the effect that the petitioner should give a representation before the 2nd and 3rd respondents and on receipt of such representation, the same was directed to be considered on merits and in accordance with law, within a period of eight weeks thereafter.
2. Pursuant to the order of this Court dated 26.03.2019, the petitioner had chosen to give a representation before the fourth respondent herein. Though the earlier order of this Court dated 26.03.2019 had not specifically referred that the representation should be given to the second and third respondents, it was clearly implied in the said order that the representation ought to have given to the 2nd and 3rd respondents for the simple reason that the prayer in the writ petition was for a Writ of Mandamus directing the 2nd and 3rd respondents to consider the petitioner's representation, which came to be rejected by stating that such a representation of the year 2014 cannot be considered due to passage of time and thereby, liberty was granted to the petitioner to give a fresh representation. In any event, non consideration of the representation by the fourth respondent cannot be termed as disobedience of the order of this Court dated 26.03.2019.
3. The learned counsel for the petitioner would submit that the petitioner is without salary and that he is now being put to serious hardship and prejudice.
4. In case the petitioner is of the view that his grievances still exist, liberty is granted to the petitioner to file a fresh writ petition.
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5. This Contempt Petition stands closed with above observations.
Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) sm To 1.Mr.G.Govindaraj, Registrar of Cooperative Societies, N.N.Natarajan Maaligai, No.170, Periyar EVR High Road, Kilpauk, Chennai.
2.Mr.T.N.Priyadharsini, Joint Registrar of Cooperative Societies, Palayamkottai, Tirunelveli.
3.Mr.P.Valarmathi, Deputy Registrar of Cooperative Societies, Cheranmahadevi, Ambasamudram Taluk, Tirunelveli District.
4.Mr.A.Syed, President, EE 440, Kasthuri Rengapuram Society, Kasthuri Rengapuram, Tirunelveli District 5.P.Ayyappan, President, A 507, Panagudi Primary Agricultural Cooperative Society, Panagudi, Tirunelveli District.
+1cc to Mr.S.SURESH KUMAR, ADVOCATE, SR NO.1578 +1cc to M/s.Spl.Government Pleader, SR No.1987 Order made in in W.P.(MD)No.1573 of 2015 10.01.2020 KK/SAR/28.01.2020/3P-8C/ 3/3