The Full Bench of the Madras High Court closed a writ petition challenging an order directing a petitioner to remit gratuity. The court held that the impugned order was directed only at the second respondent (President of the Co-operative Society) and did not concern the petitioner, rendering the petition dispositionless.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.09.2016
C O R A M
THE HONOURABLE Dr.JUSTICE S.VIMALA
Writ Petition (MD) No.16807 of 2016 and WMP(MD)Nos.12194 & 12195 of 2016
S.Narayanasamy .. Petitioner
Vs.
Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the impugned order passed by the 1st respondent in Na.Ka.No.474/16 Ki.Vee, dated 17.08.2016 and quash the same as illegal.
For petitioner ... Mr.L.George Paul Anto For R1 ... Mr.S.Kumar Additional Government Pleader For R2 ... Mr.R.Anandaraj Government Advocate
O R D E R
This Writ Petition has been filed to quash the order of the first respondent, dated 17.08.2016.
2.The learned counsel for the petitioner would submit that there is no justification in the impugned proceedings, dated 17.08.2016, being issued directing the petitioner to remit back the gratuity amount of Rs.7,35,428/-, which has been legally granted to https://hcservices.ecourts.gov.in/hcservices/ the petitioner herein.
2
3.The learned Additional Government Pleader appearing for the first respondent would submit that the impugned order is a direction given only to the President, the second respondent herein and not to the petitioner. Therefore, it is not the concern of the petitioner to challenge the order.
4.Under such circumstances, recording the statement given by the learned Additional Government Pleader, the writ petition is closed. Consequently, connected Miscellaneous Petitions are closed. No costs.
Sd/-
Assistant Registrar (Records)
/True Copy/
Sub Assistant Registrar
To
The Deputy Registrar of Co-operative Societies (Housing), Virudhunagar Region, Virudhunagar.
RJ2
TE/SKS-RR : 16/09/2016 : 2P/4C
Writ Petition (MD) No.16807 of 2016 and WMP(MD)Nos.12194 & 12195 of 2016 06.09.2016
S. Narayanasamy
The Deputy Registrar of Co-operative Societies (Housing), Virudhunagar Region, Virudhunagar
The President, Q-928, Virudhunagar Co-operative Housing Society Ltd., Virudhunagar
Dr. J. VIMALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
