Dismissed

Tamilnadu State Transport v. The Government of Tamilnadu

Madras HC8 Dec 2015WP/9880/2015

Case brief

AI extract

What is this about?

Two writ petitions seeking mandamus for payment of deducted amounts and initiation of legal action under the Tamil Nadu Co-operative Societies Act were disposed of. The court rejected the prayer for direct payment but directed the Deputy Registrars to proceed with action after notice.

What did the court decide?

Writ of mandamus for payment rejected; direction issued to third respondent to initiate action under Section 48(8) of the Act after notice.

Tamilnadu State Transport Vs The Government of Tamilnadu — Cooperative Societies | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.12.2015

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CORAM

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THE HON'BLE Mr. JUSTICE T.S.SIVAGNANAM

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W.P.Nos.9880 & 9881 of 2015 & M.P.Nos.1 &1 of 2015 1 Tamilnadu State Transport Corporation (Salem Divn-I) Emp. Co-op. Thrift & Credit Society Ltd. S.S.59 Rep. by Secretary No.164, A2 Ellean Complex, Sathanarayan Road, Swarnapuri, Salem. .. Petitioner in W.P.No.9880 of 2015 2.D.D.158, Tamilnadu State Transport Corporation (Salem Division -II), Employees' Co-operative Thrift and Credit Society Ltd., rep. by its Secretary No.66, Feet Road, Bharathipuram, Dharmapuri 636 705. .. Petitioner in W.P.No.9881 of 2015 Vs 1 The Government of Tamilnadu Rep. by its Secretary to Government Transport Department Fort St. George, Chennai-9. 2 The Managing Director Tamilnadu State Transport Corporation (Salem) No.12 Ramakrishna Road Salem- 636007. .. R1 & R2 in both the W.Ps. 3 The Deputy Registrar of Co-operative Societies Salem Circle, Salem. .. R3 in W.P.No.9880 of 2015 4 The Deputy Registrar of Co-operative Societies Dharmapuri Circle, Dharmapuri. .. R3 in W.P.No.9881 of 2015

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https://hcservices.ecourts.gov.in/hcservices/

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PRAYER IN W.P.No.9880 of 2015

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Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to direct the second respondent to pay sum of Rs.30,92,83,224.95/- payable to the petitioner society deducted it from the salaries of the employees of the 2nd respondent in default the 3rd respondent to initiate action under Section 48(8) of the Tamilnadu Cooperative Societies Act.

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PRAYER IN W.P.No.9881 of 2015

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Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to direct the second respondent to pay sum of Rs.15,68,01,101/- deducted by it from the salaries of the members of the petitioner society in default the 3rd respondent to initiate action under Section 48(8) of the Tamilnadu Co-operative Societies Act.

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With the consent of the learned counsel appearing on either side, the writ petitions are taken up for final disposal.

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2. Heard Mr.M.S.Palaniswamy, learned Counsel appearing for the petitioners, Mr.D.Venkatachalam, learned Government Advocate appearing for the respondents 1 & 3 and Mr.P.Paramasivadoss, learned counsel appearing for the second respondent.

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3.The petitioners are Co-operative Societies and they have filed these Writ Petitions for issuance of writ of mandamus to direct the second respondent to pay a sum of Rs.30,92,83,224.95/- & a sum of Rs.15,68,01,101/- respectively payable to the petitioners Societies, which were deducted from the salaries of the employees of the second respondent and in default to initiate action under section 48 (8) of the Tamil Nadu Co-operative Societies Act.

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4.At the out set, it has to be pointed out that in a writ of mandamus, no such direction can be issued to settle a money claim. However, in the instant case, it appears that the third

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https://hcservices.ecourts.gov.in/hcservices/

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respondent has already issued a notice on 16.3.2012 and the matter is now pending without any progress.

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5.The learned counsel appearing for the respondents submits that the third respondent may be directed to proceed further and take action in accordance with law.

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6.Accordingly, while rejecting the prayer for issuance of writ of mandamus to direct the payment of the amount claimed, there will be a direction to the third respondent to proceed further, pursuant to the notice dated 16.3.2012, issued in terms of section 48(8) of the Tamil Nadu Co-operative Societies Act and take appropriate action in accordance with law, after notice to the petitioners and the second respondent. The above direction shall be complied within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed.

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Sd/-
Assistant Registrar(CS-V)
//True Copy//
Sub Assistant Registrar
rpa
To
1 Secretary to Government
Transport Department
The Government of Tamilnadu
Fort St. George, Chennai-9.
2 The Managing Director
Tamilnadu State Transport Corporation (Salem)
No.12 Ramakrishna Road
Salem- 636007.
3 The Deputy Registrar of
Co-operative Societies
Salem Circle, Salem.
4 The Deputy Registrar of
Co-operative Societies
Dharmapuri Circle, Dharmapuri.
+2 ccs to Mr.M.S.Palaniswamy, Advocate, sr.65781
+1 cc to Government Pleader, sr.65967
vsn co
kra 29.12.2015 W.P.Nos.9880 & 9881 of 2015

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Tamilnadu State Transport v. The Government of Tamilnadu

Case brief

What is this about?

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Tamilnadu State Transport v. The Government of Tamilnadu

Case brief

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