K.Sugavaneswaran vs The Joint Registrar Of ...
2021 Latest Caselaw 2778 Mad

                                                                                  W.P.No.2400 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED 05.02.2021

                                                      CORAM :

                                   THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

                                              W.P.No.2400 of 2021


                     K.Sugavaneswaran                                              ... Petitioner
                                                           Vs

                     1. The Joint Registrar of Co-operative Societies,
                        District Collectarate IV Floor,
                        Sale 636 001.

                     2. The Deputy Registrar of Co-Operative Societies,
                        Salem Circle, Salem District – 636 001.

                     3. The President,
                        S, 1315 Murungapatty Primary Agricultural
                        Co-Op Credit Society Ltd,
                        Murungapatty Post,
                        Sivadhapuram Via,
                        Salem District 636 307.                                .... Respondents

                     Prayer: Writ petition filed under Article 226 of the Constitution of India,
                     praying to issue a writ of Mandamus, directing the respondents 1 to 3 to
                     consider the claim of the petitioner for promotion as Assistant Secretary and
                     pass orders thereon within a time frame in the light of his representation
                     dated 27.11.2020.

                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                      W.P.No.2400 of 2021

                                     For Petitioner            : Mr.G.Punniyakoti
                                     For Respondents           : Mr.L.P.Shanmuga Sundaram
                                                                 Special Government Pleader


                                                         ORDER

This petition has been filed, seeking direction to the respondents 1 to

3 to consider the claim of the petitioner for promotion as Assistant Secretary

and pass orders thereon within a time frame in the light of his representation

dated 27.11.2020.

2. Heard the learned counsel on either side and perused the materials

available on record.

3. At first blush, this writ petition is not maintainable before this

Court in view of the judgment of this Court in the case of K.Marappan vs.

The Deputy Registrar of Co-operative Societies, Namakkal Circle,

Namakkal and another reported in 2006-4-L.W.495, as the petitioner

seeks the relief against the Co-operative Society in this case. With regard to

the claim of disbursement of his gratuity amount, the remedy open to him is

to approach the Controlling Authority under the Payment of Gratuity Act,

https://www.mhc.tn.gov.in/judis/ W.P.No.2400 of 2021

1972.

4. In view of the above, this Writ Petition is dismissed as not

maintainable. However, this order will not preclude the petitioner in seeking

gratuity before the concerned authority, if he is otherwise eligible. No costs.

05.02.2021 vum Index: Yes/No Speaking order / Non speaking order

To:

1. The Joint Registrar of Co-operative Societies, District Collectarate IV Floor, Sale 636 001.

2. The Deputy Registrar of Co-Operative Societies, Salem Circle, Salem District – 636 001.

S.VAIDYANATHAN,J.,

https://www.mhc.tn.gov.in/judis/ W.P.No.2400 of 2021

vum

W.P.No.2400 of 2021

05.02.2021

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