Partly allowed

N.Lakshmanan v. The Registrar of Co-Operative societies

Madras HC22 Nov 2023WP/23269/2022

Case brief

AI extract

What is this about?

In a writ petition, the High Court directed the President of a Cooperative Society to consider the petitioner's unaddressed representation regarding subsistence allowance arrears within four weeks, citing dereliction of duty by the respondent authority, with the petition dismissed.

What did the court decide?

Directed the fourth respondent to consider the petitioner’s representation dated 19.04.2022 within four weeks; petition disposed of.

N.Lakshmanan Vs The Registrar of Co-Operative… — Pension and Retirement Benefits | Madras HC (2023)

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W.P.No.23269 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.11.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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W.P.No.23269 of 2022

N.Lakshmanan

...Petitioner

The Registrar of Co-operative Societies, Kilpauk, Chennai 600 010.

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The Deputy Registrar of Co-operative Societies (FAC) Office of the Deputy Registrar of Co-operative, Societies Dharmapuri Circle, Collectorate Complex, Dharmapuri.

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The Joint Registrar of Co-operative Societies (FAC), Office of the Joint Registrar of Co-operative Societies Dharmapuri Circle, Collectorate Complex, Dharmapuri.

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The President, S-6756, Erranna Hall Primary Agricultural Credit Society, Palacode Taluk, Dharmapuri District

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..Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of

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https://www.mhc.tn.gov.in/judis

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W.P.No.23269 of 2022

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India to issue a Writ of Mandamus directing the 4^th respondent to consider and dispose of the petitioner's representation dated 19.04.2022 within the time stipulated by this Court by directing the 4^th respondent to pay the remaining 50% arrears of subsistence allowance to the petitioner.

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For Petitioner : Mr.A.Illayaperumal For Respondents : Mrs.V.Yamuna Devi Special Government Pleader 1 to 3

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ORDER

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Heard Mr.A.Illayaperumal, learned counsel for petitioner

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and Mrs.V.Yamuna Devi, learned Special Government Pleader for respondents 1 to 3.

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In view of the order to be passed in this writ petition, no

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prejudice would be caused to the 4^th respondent. Hence, notice to the respondents 1 to 3 are dispensed with.

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The petitioner herein had made representation to the respondent on 19.04.2022, seeking to pay the remaining 50% arrears of subsistence allowance. Since the said representation was not considered, the present writ petition has been filed.

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https://www.mhc.tn.gov.in/judis

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W.P.No.23269 of 2022

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It is needless to point out that whenever a representation of

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this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

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In the light of the above observations, there shall be a direction to the fourth respondent herein to consider the petitioner's representation dated 19.04.2022, on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

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W.P.No.23269 of 2022

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With the above direction, the Writ Petition stands disposed

of. No costs.

22.11.2023

Index:Yes/No

Speaking order/Non-speaking order rka To

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The Registrar of Co-operative Societies, Kilpauk, Chennai 600 010.

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The Deputy Registrar of Co-operative Societies (FAC) Office of the Deputy Registrar of Co-operative, Societies Dharmapuri Circle, Collectorate Complex, Dharmapuri.

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The Joint Registrar of Co-operative Societies (FAC), Office of the Joint Registrar of Co-operative Societies Dharmapuri Circle, Collectorate Complex, Dharmapuri.

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The President, S-6756, Erranna Hall Primary Agricultural Credit Society, Palacode Taluk, Dharmapuri District

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4/5

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https://www.mhc.tn.gov.in/judis

W.P.No.23269 of 2022

M.S.RAMESH,J.

rka

W.P.No.23269 of 2022

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22.11.2023

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N.Lakshmanan v. The Registrar of Co-Operative societies

Case brief

What is this about?

What did the court decide?

N.Lakshmanan v. The Registrar of Co-Operative societies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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