Ochammal v. The Joint Registrar Of Cooperative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.21751 of 2025 Ochammal : Petitioner Vs.

1. The Joint Registrar of Cooperative Societies, Madurai District, Madurai.

2. The Deputy Registrar of Cooperative Socieites, Madurai.

3. The Secretary, Sindhupatti Primary Agricultural Cooperative Credit Society, Sindhupatti, Usilampatti Taluk, Madurai District.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to disburse the monetary benefit of Late Kasimayan and pay eligible share of myself separately, based on my representation dated 08.03.2025 within the time limit as fixed by this Court.

For Petitioner : Mr.K.K.Samy For Respondents : Mr.K.Balasubramanian Special Government Pleader 1/6

ORDER

This writ petition has been filed seeking a direction to the first respondent to disburse the monetary benefits of Late Kasimayan and pay her eligible share, based on the petitioner's representation dated 08.03.2025 within the time limit as fixed by this Court.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioner is the mother of the deceased Kasimayan, who was working as Secretary in the third respondent Society. The grievance of the petitioner is that after death of her son, his wife, by suppressing the fact that the petitioner is also one of his legal heirs, obtained legal heir certificate, which was later cancelled by the concerned Tahsildar, vide order dated 14.06.2025. However, the petitioner has an apprehension that all the retirement benefits will be disbursed only to the wife and the children of the deceased. In this regard, the petitioner made a representation to the respondents dated 08.03.2025. Since the said 2/6

representation was not considered till date, 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, non-consideration 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 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 respondents to consider the petitioner's representation dated 08.03.2025, on its own merits and pass appropriate orders in accordance with law, within a period of six weeks 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. 3/6

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 11.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

1. The Joint Registrar of Cooperative Societies, Madurai District, Madurai.

2. The Deputy Registrar of Cooperative Socieites, Madurai.

3. The Secretary, Sindhupatti Primary Agricultural Cooperative Credit Society, Sindhupatti, Usilampatti Taluk, Madurai District.

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M.DHANDAPANI, J.

Sm W.P.(MD) No.21751 of 2025 11.08.2025 6/6