Madras High Court
The Secretary vs S. Ayyanar on 26 July, 2021
W.A(MD)No.1445 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A(MD)No.1445 of 2021
The Secretary
M.D. Spl. 54, Santhaiyur Primary Agriculture
Co-operative Credit Society Ltd.
Santhaiyur,
Peraiyur Taluk,
Madurai District.
... Appellant
Vs.
1. S. Ayyanar
2. The Joint Registrar,
Office of the Joint Registrar of Co-operative Societies,
Palanganatham,
Madurai – 625003
3. The Deputy Registrar,
Office of the Deputy Registrar of Co-operative Societies,
Jawahar Nagar,
Usilampatti at Thirumangalam,
Thirumangalam Post,
Madurai District.
...Respondents
Prayer: Petition filed under Clause 15 of Letters Patent to set aside the
impugned order dated 17.03.2021 passed in W.P.(MD) No.5987 of 2021.
For Appellant : Mr.A. Selvam
For Respondents : Mr. R. Saravanan
for R1
Mr. A.K. Manikkam
Senior Counsel for Government
for R2 and R3
https://www.mhc.tn.gov.in/judis/
1/6
W.A(MD)No.1445 of 2021
JUDGMENT
[Judgment of the Court was made by T.S.SIVAGNANAM, J.]
Heard Mr. A. Selvam, learned counsel for the appellant and and
Mr. R. Saravanan, learned counsel for the first respondent and Mr. A.K.
Manikkam, learned Government counsel for the respondents 2 and 3.
2. This Writ Appeal is directed against the order dated
17.03.2021 in W.P.(MD)No. 5987 of 2021 filed by the first respondent
herein. The first respondent sought for a direction upon the respondents
2 and 3 herein to sanction and settle personal benefits like encashment of
earned leave, salary PF amount and gratuity with interest at the rate of
1% from 30.04.2001 by considering his representations dated 23.12.2019
and 03.10.2020.
3. The learned Writ Court by taking note of a judgment of the
Division Bench, TANSIDCO & P.K. Panchaksharam and others in W.A.
207 of 2016 dated 26.02.2016, disposed of the Writ Petition by directing
the respondents 2 and 3 herein to disburse the said claims within a time
frame.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1445 of 2021
4. The appellant before us is the co-operative society against
whom the writ petitioner made the claim. This appellant society was
impleaded as a third respondent in the Writ Petition. However, without
notice to the appellant, the writ petition has been disposed of at the
admission stage as could be seen from the impugned order.
5. The appellant is before us contending that the writ petitioner
is not eligible to get any of the claims which he has sought for as he does
not possess the requisite qualification, he was only a sales man on daily
wages, his appointment on daily wages itself was irregular and the audit
report for the year 1986-87 and 1993-94 states that the first respondent
is not in service. Apart from that other legal grounds have also been
raised. Since the appellant is the appropriate contesting respondent in
the writ petition, the appellant ought to have been heard in the matter
and the learned Writ Court committed an error in allowing the writ petition
at the admission stage presumably for the reason that the amount has to
be sanctioned by the respondents 2 and 3 herein, who were the
respondents 1 and 2 in the writ petition. However, for the writ petitioner
to be entitled to the relief sought for, the first and foremost issue to be
decided is whether he is eligible to get such an entitlement because the
appellant society has questioned his eligibility. Therefore, we are of the
view the writ petition has to be once again heard and decided on merits.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1445 of 2021
For the above reasons, the Writ Appeal is allowed and the order dated
17.03.2021 in W.P.(MD).No 5987 of 2021 is set aside and the Writ Petition
is restored to the file of the learned Single Judge.
6. The Registry is directed to list the Writ Petition under the
caption for 'admission' before the appropriate court. Writ Appeal is
allowed with the above direction. No costs.
[T.S.S., J] [S.A.I., J]
26.07.2021
Index : Yes / No
Internet : Yes / No
mnr
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1445 of 2021
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.
Copy To:-
1. The Joint Registrar,
Office of the Joint Registrar of Co-operative Societies,
Palanganatham,
Madurai – 625003
2. The Deputy Registrar,
Office of the Deputy Registrar of Co-operative Societies,
Jawahar Nagar,
Usilampatti at Thirumangalam,
Thirumangalam Post,
Madurai District.
3. The Secretary
M.D. Spl. 54, Santhaiyur Primary Agriculture
Co-operative Credit Society Ltd.
Santhaiyur,
Peraiyur Taluk,
Madurai District.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1445 of 2021
T.S.SIVAGNANAM,J.
and
S.ANANTHI,J.
mnr
ORDER MADE IN
W.A(MD)No.1445 of 2021
26.07.2021
https://www.mhc.tn.gov.in/judis/
