A member of a co-operative society sought mandamus to withhold an employee's retirement benefits until a domestic enquiry and criminal action were conducted. The court held the petitioner was a third party with no locus standi, noting he could approach police if aggrieved, and dismissed the writ petition.
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.21287 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.02.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.No.21287 of 2021 and W.M.P.No.22528 of 2021
G.Kaliyamurthy
... Petitioner
Vs.
Co-operative Society Department, Secretariat, Pondicherry.
2.The Registrar, Co-operative Societies, VVP Nagar, Thattanchavadi, Pondicherry.
3.The Deputy Registrar, Office of the Deputy Registrar of Co-operative Societies, Perun Thalaivar Kamarajar Administrative Complex, Madagadi, Karaikal 609 102.
4.The Administrator, Karai-Kovilpathu Primary Agricultural Co-operative Credit Society Limited, No.P.139, Thalateru, Karaikal 609 605.
5.Ravi @ Manivannan
... Respondents
Page No.1 of 4
W.P.No.21287 of 2021
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 not to disburse the entire retirement benefits of the 5th respondent without conducting the domestic enquiry including initiating criminal action against the 5th respondent as per the petitioner's representation dated 19.07.2021.
For Petitioner : Mr.M.Tamizhavel
For Respondents : Mr.V.Vasanthakumar, AGP(Pondy) for R1-R4
ORDER
This Writ Petition has been filed for the issuance of a Writ of
Mandamus, to direct the respondents 1 to 4 not to disburse the entire retirement benefits of the 5th respondent without conducting the domestic enquiry including criminal action against the 5th respondent as per the petitioner's representation dated 19.07.2021.
2 . Heard Mr.M.Tamizhavel, learned counsel for the petitioner and
Mr.V.Vasanthakumar, learned Additional Government Pleader (Pondy)
for the respondents 1 to 4.
3. The petitioner who claims to be a member of the fourth
Page No.2 of 4
W.P.No.21287 of 2021
respondent Society has filed this Writ Petition seeking direction against the respondents 1 to 4 not to disburse the entire retirement benefits to the fifth respondent without conducting a domestic enquiry.
4. The petitioner is a third party to the domestic enquiry that might be conducted against the fifth respondent by the authorities concerned. If the petitioner is really aggrieved, he could file a complaint before the police and get a case registered. The petitioner has no locus standi to file this Writ Petition and hence it is liable to be dismissed.
5. In view of the above stated reasons, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
09.02.2024
Index : Yes /No Internet : Yes/No Speaking / Non-speaking Neutral Citation : Yes / No gsk
Page No.3 of 4
W.P.No.21287 of 2021
R.N.MANJULA, J. gsk
To
2.The Registrar, Co-operative Societies, VVP Nagar, Thattanchavadi, Pondicherry.
W.P.No.21287 of 2021 and W.M.P.No.22528 of 2021
3.The Deputy Registrar, Office of the Deputy Registrar of Co-operative Societies, Perun Thalaivar Kamarajar Administrative Complex, Madagadi, Karaikal 609 102.
4.The Administrator, Karai-Kovilpathu Primary Agricultural Co-operative Credit Society Limited, No.P.139, Thalateru, Karaikal 609 605.
09.02.2024
Page No.4 of 4
1 issue framed by the court
Whether a third-party member of a co-operative society has locus standi to seek withholding of an employee's retirement benefits pending domestic enquiry and criminal action.
1 provisions across 1 enactments
G.Kaliyamurthy
The Secretary, Co-operative Society Department, Secretariat, Pondicherry
The Registrar, Co-operative Societies, VVP Nagar, Thattanchavadi, Pondicherry
The Deputy Registrar, Office of the Deputy Registrar of Co-operative Societies, Madagadi, Karaikal
The Administrator, Karai-Kovilpathu Primary Agricultural Co-operative Credit Society Limited, Karaikal
Ravi @ Manivannan
R.N.Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
