Madras High CourtWP(MD)/3830/2013dismissed

M. Subbaroian, v. The Joint Registrar Of

2018-09-10Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 10.09.2018

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.3830 of 2013 M.Subbaroian ..Petitioner Vs

1. The Joint Registrar of Cooperative Societies, Karur Region, Additional Buildings, Collectorate, Thanthonimalai, Karur - 639 005.

2.R-1598, Thalavapalayam Primary Agricultural Cooperative Credit Society Limited, represented by its Special Officer, Thalavapalayam Post, Karur - 639 113.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents particularly the second respondent Management to pay and settle the subsistence allowances to the Petitioner on the basis of the last drawn salary for the period of suspension of service from 21.11.2012.

For Petitioner :Mr.P.Subbaraj.

For Respondent-1 :Mr.S.Dhayalan Government Advocate For Respondent-2 :Mr.D.Sadiq Raja

ORDER

The Petitioner has come forward with this Writ Petition seeking to to issue a Writ of Mandamus directing the respondents particularly the second respondent Management to pay and settle the subsistence allowances to the Petitioner on the basis of the last drawn salary for the period of suspension of service from 21.11.2012.

2.Heard both sides.

3.The Writ Petition itself is not maintainable in view of the dictum laid down in the case of Marappan .s. The Deputy Registrar of Cooperative Societies, Namakkal reported on 2006(4) CTC 689. The learned counsel for the respondents submit that Subsistence Allowance has already been paid to the Petitioner, who was the Secretary-in-charge. If not already paid, it is open to the https://hcservices.ecourts.gov.in/hcservices/

Petitioner to approach the authorities concerned for necessary relief, in the manner known to law. The dismissal of this Writ Petition will not preclude the Petitioner from approaching the appropriate forum for relief, if subsistence allowance is not paid. 4.Accordingly, the Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Joint Registrar of Cooperative Societies, Karur Region, Additional Buildings, Collectorate, Thanthonimalai, Karur - 639 005.

2. The Special Officer, R-1598, Thalavapalayam Primary Agricultural Co-operative Credit Society Limited, Thalavapalayam Post, Karur - 639 113.

+1cc to Mr.D.Sadiq Raja, Advocate Sr.No.83529 +1cc to Spl.Government Pleader Sr.No.84063 VSN VB/SV/SAR2/10.12.2018/2P/5C W.P(MD)No.3830 of 2013 10.09.2018 https://hcservices.ecourts.gov.in/hcservices/