This High Court writ petition challenged proceedings that denied terminal benefits to a former liquidated society employee. The court observed that allegations lacked specificity and funds existed with the federation, allowing recovery, and disposed of the petition without costs.
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.
W.P.No.4709 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.10.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.No.4709 of 2020
R.Bakthavachalu Petitioner
Vs
1.The liquidation Officer Avl/Additional Registrar Thirukovilur Taluk, Co-op Hosing Society ltd, (Liquidated) Office of the Deputy Registrar of Co-op. Housing Society, South Kavari Naidu Street, Manjakuppam and Post, Cuddalore.
2.The Deputy Registrar of Co-operative Housing Societies, South Kavari Naidu Street, Manjakuppam and Post, Cuddalore.
3.The Managing Director, The Tamil Nadu Co-operative Housing Federation Limited, No.40, Ritherdon Road, Vepery, Chennai-600 007. ... Respondents
PRAYER : Writ petition filed under Article 226 of the Constitution of
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W.P.No.4709 of 2020
India,praying to issue a writ of certiorarified mandamus calling for the record relating to the proceedings of the 1st respondent in Na.Ka.No.1156/2019 Sa Pa dated 08.01.2020 and quash the same and consequently directing the 1st respondent to settle the terminal benefits with 18 % interest.
For Petitioner : Mr.Mr.V.Sivalingam for MC.S.Associates For Respondents 1 &2 : Mr.P.Sanjev Gandhi Government Advocate For Respondent 3 : Ms.Kanmani Annamalai
O R D E R
The writ petition has been filed to quash the impugned proceedings
in Na.Ka.No.1156/2019 Sa Pa dated 08.01.2020 passed by the 1st respondent and consequently direct the 1st respondent to settle the terminal benefits with 18 % interest.
society and he relieved from the society since it was liquidated on 07.12.2018. He sent a representation to the 1st respondent to settle his
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claim, but it resulted in only a part payment and he is yet to receive the rest
of his terminal benefits. Earlier, a writ petition has been filed by the petitioner seeking direction to consider his representation and the same was disposed of by giving direction to consider the representation of the petitioner within a period of 12 weeks from the date of receipt of copy of that order. Subsequently, an order has been passed by the 1st respondent vide proceedings in R.C.1156/2019 Sa.Pa dated 08.01.2020 stating that it
was due to the lapse on the part of the petitioner. The financial position of the society is not sound since the society is liquidated. Due to the lapse on the part of the petitioner, they are not in a position to settle the claims made by the petitioner. It is further stated that liquidation officer will have to take into account of the assets belonging to the society and after analyzing the financial position, due action will be taken to settle the dues of the petitioner if any.
W.P.No.4709 of 2020
that he is no way responsible for the payments to the petitioner and he has been added as an unnecessary party.
view of the irresponsible action of the petitioner. There is no specific allegation made against the petitioner. The allegation are not specific that the petitioner had misappropriated any funds and on that score no surcharge proceedings have also been initiated against the petitioner. In such case, the petitioner's claim ought to have been considered by the respondents. The 1st respondent has stated that he did not have any funds. However, it is seen from the records that the 3rd respondent has funds. So, it is open to the 1st and 2nd respondents to make recovery from the 3rd
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W.P.No.4709 of 2020
respondent and utilize the funds for settling the terminal benefits of the
petitioner, for which he is entitled to.
costs.
09.10.2023
Index: Yes/No Internet: Yes/No nr
To
1.The liquidation Officer Avl/Additional Registrar Thirukovilur Taluk, Co-op Hosing Society ltd, (Liquidated) Office of the Deputy Registrar of Co-op. Housing Society, South Kavari Naidu Street, Manjakuppam and Post, Cuddalore.
2.The Deputy Registrar of Co-operative Housing Societies, South Kavari Naidu Street, Manjakuppam and Post, Cuddalore.
3.The Managing Director, The Tamil Nadu Co-operative Housing Federation Limited, No.40, Ritherdon Road, Vepery, Chennai-600 007.
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W.P.No.4709 of 2020
R.N.MANJULA ,J.
nr
W.P.No.4709 of 2020
09.10.2023
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1 issue framed by the court
Whether the impugned proceedings ordering non-payment of terminal benefits can be quashed and a direction granted to settle dues with interest by recovering funds from the federation.
1 provisions across 1 enactments
R. Bakthavachalu
The liquidation Officer Avl/Additional Registrar Thirukovilur Taluk, Co-op Hosing Society ltd, (Liquidated) Office of the Deputy Registrar of Co-op. Housing Soc
The Deputy Registrar of Co-operative Housing Societies, South Kavari Naidu Street, Manjakuppam and Post, Cuddalore
The Managing Director, The Tamil Nadu Co-operative Housing Federation Limited, No.40, Ritherdon Road, Vepery, Chennai-600 007
R.N. MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
