Madras High Court
V.R.Pattabiraman vs The Registrar Of Co-Operative ... on 29 January, 2021
W.P.(MD) No.1391 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD) No.1391 of 2021
V.R.Pattabiraman ...Petitioner
Vs.
1.The Registrar of Co-operative Societies,
O/o. The Registrar of Co-operative Societies,
170, Periyar EVR High Road,
Kilpauk, Chennai – 10.
2.The Joint Registrar of Co-operative Societies,
O/o. The Joint Registrar of Co-operative Societies,
Trichy District.
3.The Deputy Registrar of Co-operative Societies,
O/o. The Deputy Registrar of Co-operative Societies,
Lalgudi Circle, Trichy District.
4.The President,
Y.M.38, Lalgudi Circle Teachers and Employees Co-operative Thrift,
Credit Society, Lalgudi,
Trichy District – 621 601.
5.The Superintendent of Police,
Commercial Crime Investigation Wing,
Guindy, Chennai – 32.
6.The Inspector of Police,
Commercial Crime Investigation Wing,
Trichy District. ... Respondents
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W.P.(MD) No.1391 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the respondent No.2 to
4 to drop the disciplinary proceedings initiated against the petitioner and
not to initiate criminal proceedings considering the explanation of the
petitioner in the light of the Circular issued by the Registrar of Co-
operative Societies vide Rc.228696/90/Cp1 dated 11.12.1991 and in the
light of the Judgment of the Madras High Court in Crl.O.P.Nos.499 of
2020 and batch dated 18.09.2020, Crl.O.P.No.13330 of 2017 dated
05.11.2019 within the time period stipulated by this Court.
For Petitioner : Mr.T.Lajaparhi Roy
For Respondents : Mr.P.Mahendran
Additional Government Pleader
ORDER
By consent of both parties, this writ petition is taken up for
final disposal at the stage of admission itself.
2.Since the petitioner's request to the respondents to drop the
disciplinary proceedings initiated against the petitioner and not to initiate
criminal proceedings considering the explanation of the petitioner in the
light of the Circular issued by the Registrar of Co-operative Societies
vide Rc.228696/90/Cp1 dated 11.12.1991 and in the light of the
Judgment of the Madras High Court in Crl.O.P.Nos.499 of 2020 and
batch dated 18.09.2020, Crl.O.P.No.13330 of 2017 dated 05.11.2019,
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W.P.(MD) No.1391 of 2021
was not considered, the Writ Petition has been filed. According to the
petitioner, he has made a representation in this regard on 30.12.2020,
which is still pending.
3. It is needless to point out that whenever a representation
of this nature is made to a Statutory Authority, there is a duty cast upon
the respondents 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 Constitution of India and direct them to consider the same
within a stipulated time.
4. In the light of the above observations, it would be
appropriate to direct the fourth respondent herein to consider the
petitioner's representation dated 30.12.2020, within a stipulated time and
thereby the ends of justice could be secured. It is made clear that this
Court has not expressed any of its view with regard to the merits of the
claim of the petitioner and that it is open to the concerned respondent to
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W.P.(MD) No.1391 of 2021
consider the same on its own merits.
5.Accordingly, there shall be a direction to the fourth
respondent to consider the petitioner's representation dated 30.12.2020,
on its own merits and pass appropriate orders in accordance with law, as
expeditiously as possible.
6. With the above direction, this Writ Petition stands
disposed of. No costs.
29.01.2021
Index : Yes / No
Internet : Yes / No
TM
NOTE: In view of the present lock down owing
to COVID-19 pandemic, a web copy of
the order may be utilized for official
purposes, but, ensuring that the copy of
the order that is presented is the
correct copy, shall be the responsibility
of the advocate/litigant concerned.
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W.P.(MD) No.1391 of 2021
To
1.The Registrar of Co-operative Societies,
O/o. The Registrar of Co-operative Societies,
170, Periyar EVR High Road,
Kilpauk, Chennai – 10.
2.The Joint Registrar of Co-operative Societies,
O/o. The Joint Registrar of Co-operative Societies,
Trichy District.
3.The Deputy Registrar of Co-operative Societies,
O/o. The Deputy Registrar of Co-operative Societies,
Lalgudi Circle, Trichy District.
4.The President,
Y.M.38, Lalgudi Circle Teachers and Employees Co-operative Thrift,
Credit Society, Lalgudi,
Trichy District – 621 601.
5.The Superintendent of Police,
Commercial Crime Investigation Wing,
Guindy, Chennai – 32.
6.The Inspector of Police,
Commercial Crime Investigation Wing,
Trichy District.
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W.P.(MD) No.1391 of 2021
M.S.RAMESH, J.
TM
W.P.(MD) No.1391 of 2021
29.01.2021
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