Madras High Court
The Principal Secretary To ... vs Suriyanarayanan on 25 October, 2021
W.A.(MD)No.778 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.10.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE M.DURAISWAMY
WA(MD) No.778 of 2019
and
C.M.P(MD)No.6896 of 2019
1.The Principal Secretary to Government of Tamil Nadu,
Housing and Urban Development,
Secretariat,
Chennai – 600 009.
2.The Registrar of Cooperative Societies(Housing),
Tamil Nadu Housing Board Building,
Second Floor, Annex, Anna Salai,
Nandanam, Chennai – 600 035.
3.The Managing Director/Chairman,
Tamil Nadu Cooperative Housing Federation,
Vepery,
Chennai – 600 007.
4.The Deputy Registrar of Cooperative Housing Society,
Trichy.
5.The President,
Kulathur Taluk Cooperative Housing Society,
Keeranur Post and Kulathur Taluk,
Pudukkottai District. .. Appellants/Respondents
Vs.
Suriyanarayanan .. Respondent/Writ Petitioner
https://www.mhc.tn.gov.in/judis/
1/5
W.A.(MD)No.778 of 2019
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order of this Court made in
W.P(MD)No.3034 of 2018, dated 28.02.2019.
For Appellants : Mr.R.Baskaran
Additional Advocate General
for Mr.P.Thilakkumar
Government Pleader
JUDGMENT
************
[Judgment of the Court was delivered by
The Hon'ble CHIEF JUSTICE]
The grievance of the appellants is that by the order
impugned dated February 28, 2019, all the appellants have been directed
to pay interest at the rate of 8% per annum for the delayed release of the
retiral dues of the writ petitioner-respondent.
2.It is submitted on behalf of the appellants that it was the
fifth respondent before the Writ Court which was the employer and, as
such, it is only the employer who is to be made liable for the delayed
release of the retiral dues.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.778 of 2019
3.It is submitted by the writ petitioner that though the
employer may be a Co-operative Housing Society, the funds to such
society are released by the Federation and the delay in this case cannot be
attributed only to the employer but must be attributed primarily to the
Federation since it was a delay on the part of the Federation in releasing
the payment that resulted in the petitioner remaining without any retiral
dues for a considerable period of time.
4.Accordingly, the order impugned dated February, 28, 2019
is modified by making the Tamil Nadu Co-operative Housing Federation
and the Kulathur Taluk Co-operative Housing Society, liable to ensure
that the interest of 8% per annum as directed thereby is released to the
petitioner as expeditiously as possible. The respondent Nos.1, 2 and 4
before the Writ Court are absolved of any obligation to pay the interest.
However, such respondents should use their good offices to ensure that
the interest in terms of the order is released as expeditiously as possible
to the writ petitioner.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.778 of 2019
5.W.A(MD)No.778 of 2019 is disposed of. C.M.P(MD)
No.6896 of 2019 is closed.
There will be no order as to costs.
[S.B., CJ.] [M.D., J.]
25.10.2021
Index : Yes/No
Internet : Yes
RM/MR
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.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.778 of 2019
THE HON'BLE CHIEF JUSTICE
and
M.DURAISWAMY, J.
RM/MR
W.A(MD)No.778 of 2019
25.10.2021
https://www.mhc.tn.gov.in/judis/
