Madras High CourtWP(MD)/25468/2019disposed of

R. Dhamodharan v. The Secretary (Housing)

2022-04-28Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.25468 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.25468 of 2019 R.Dhamodharan ... Petitioner Vs.

1.The Secretary (Housing) Government of Tamilnadu Secretariat Fort St. George, Chennai.

2.The Registrar (Housing) Tamil Nadu Cooperative Housing Federation No.48 Ritherdon Road Veppery Chennai 600 007.

3.The Regional Deputy Registrar (Housing) No.1/3107 Daniel Thomas Nagar Thanjavur.

4.The Manager/Secretary (Incharge) Mannai Narayanasamy Town Cooperative Housing Society Ltd., T.1110 Mannargudi Thiruvarur District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits as follows: a.Gratuity :

Rs.4,08,523.00 b.Provident Fund :

Rs.5,34,322.00 c.Security Deposit :

Rs. 1,249.00 ------------------ Rs.9,44,094.00 ------------------ payable to the petitioner with 18% rate of interest within the time frame that may be stipulated by this Court.

For Petitioner : Mr.K.Sudhagar Nagaraj For Respondents : Mr.M.Ramesh Government Advocate https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.25468 of 2019

ORDER

The relief sought for in the present writ petition is to direct the respondents to settle the petitioner's retirement benefits along with interest.

2.The petitioner was working as Secretary of the 4th respondent Government Housing Society. Surcharge proceedings were initiated against the writ petitioner under Section 87 of the Cooperative Societies Act.

3. The learned Additional Government Pleader made a submission that surcharge proceedings initiated against the writ petitioner was concluded and the Deputy Registrar (Housing) passed the final orders under Section 87 of the Cooperative Societies Act. Therefore, the authorities have to initiate all further actions to do the needful with reference to the recovery and the amount due to the society as well as to the writ petitioner.

4. In view of the fact that the surcharge proceedings were already completed and final order has been passed, the respondents are directed to initiate all further action in the manner known to law and under the provisions of the Cooperative Societies Act and Rules.

5. The writ petition stands disposed of. No costs. Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) RR To 1.The Secretary (Housing) Government of Tamilnadu Secretariat Fort St. George, Chennai.

2.The Registrar (Housing) Tamil Nadu Cooperative Housing Federation No.48 Ritherdon Road Veppery Chennai 600 007.

3.The Regional Deputy Registrar (Housing) No.1/3107 Daniel Thomas Nagar Thanjavur.

W.P.(MD)No.25468 of 2019 28.04.2022 MGJ(25.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2