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Madras High CourtWP(MD)/25069/2018disposed of

Amarachithan v. The Principal Secretary To

2024-09-23Honourable Mr Justice Abdul Quddhose5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Amarachithan ... Petitioner Vs.

1.The Principal Secretary to Government of Tamilnadu, Housing & Urban Development, Secretariat, Chennai - 600 009.

2.The Registrar of Co-operative Societies (Housing), Tamil Nadu Housing Board Building, 2nd Floor Annex, Anna Salai, Nandanam, Chennai - 600 035.

3.The Managing Director / Chairman, Tamil Nadu Co-operative Housing Federation, Vepery, Chennai - 600 0070 4.The Deputy Registrar of Co-operative Societies (Housing), Trichy.

5.The President, Gandhavarvakottai Taluk Co-operative Society, Gandhavaravakottai Post & Taluk, Pudukottai District.

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6.The Sub Registrar of Cooperative Societies, Gandarvakottai Taluk Co-Op Society, Gandavarvakottai Post & Taluk, Pudukottai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to settle the retirement benefits of the petitioner for the service rendered in the 5th respondent's Society, with 18 % interest.

For Petitioner : Mr.B.Sekar, for Mr.P.Ganapathi Subramanian For Respondents : Mr.G.Suriya Ananth, Additional Government Pleader

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to settle the retirement benefits of the petitioner for the service rendered in the fifth respondent / Society, with 18 % interest.

2. The petitioner claims that he retired from service in the fifth respondent Society on 30.06.2024. However, according to him, till date, his retirement benefits are yet to be settled. He has given a representation seeking for payment of retirement benefits to the fifth respondent Society on 11.03.2015 and 20.07.2015. Since the representations were not considered, he has filed this Writ Petition.

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3. Till date, counter has not been filed by the respondents. No prejudice would be caused to the respondents, if the petitioner is allowed to give a fresh representation seeking for payment of his retirement benefits and a direction is issued to the fifth respondent to consider the same on merits and in accordance with law within a time framed to be fixed by this Court.

4. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the fifth respondent Society seeking for payment of his retirement benefits together with interest at 18% interest per annum within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said representation within the stipulated time, the fifth respondent is directed to pass final orders on merits and in accordance with law within a period of eight weeks thereafter.

5. With the aforesaid direction, the Writ Petition is disposed of. No costs. 23.09.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG 3/5

To 1.The Principal Secretary to Government of Tamilnadu, Housing & Urban Development, Secretariat, Chennai - 600 009.

2.The Registrar of Co-operative Societies (Housing), Tamil Nadu Housing Board Building, 2nd Floor Annex, Anna Salai, Nandanam, Chennai - 600 035.

3.The Managing Director / Chairman, Tamil Nadu Co-operative Housing Federation, Vepery, Chennai - 600 0070 4.The Deputy Registrar of Co-operative Societies (Housing), Trichy.

5.The President, Gandhavarvakottai Taluk Co-operative Society, Gandhavaravakottai Post & Taluk, Pudukottai District.

6.The Sub Registrar of Cooperative Societies, Gandarvakottai Taluk Co-Op Society, Gandavarvakottai Post & Taluk, Pudukottai District. 4/5

ABDUL QUDDHOSE, J.

TSG 23.09.2024 5/5