Madras High Court
The President vs G.Selvi on 14 October, 2022
W.A.No.2282 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.10.2022
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice D.BHARATHA CHAKRAVARTHY
W.A.No.2282 of 2022
and
C.M.P. No.17416 of 2022
The President,
Villipakkam Primary Agriculture Cooperative
Credit Society, Villipakkam Village,
Soonampedu Post, Cheyyur Taluk,
Chengalpet District – 603 401. .. Appellant
vs
1.G.Selvi
2.The Joint Registrar of Co-operative
Societies/Revision Authority,
Kancheepuram Zone, Kancheepuram. .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
dated 21.09.2021 in W.P.No.20139 of 2021.
For Appellant : Mr.P.Dinesh Kumar
For Respondents : Mr.Balan Haridas for R1
Mr.M.Rajendran,
Addl. Govt. Pleader for R2
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.A.No.2282 of 2022
JUDGMENT
(Delivered by PARESH UPADHYAY.,J)
1. Challenge in this appeal is made to the order dated
21.09.2021 recorded on W.P. No.20139 of 2021. This appeal is by the
second respondent in the writ petition.
2. Learned advocate for the appellant has submitted that,
once the direction contained in the order of learned Single Judge is
complied with, it would be very difficult for the appellant to recover
the amount which is already quantified to be recovered from the
husband of the writ petitioner and therefore the order be interfered
with.
3. Having heard learned advocate for the appellant and
having considered the material on record this Court finds that, this is
a second round of litigation. The husband of the writ petitioner had
died on 01.08.2019 and none of the terminal dues, even gratuity and
provident fund were paid for simple reason of pendency of some
surcharge proceedings and therefore by filing W.P.No.9169 of 2021,
grievance was voiced. This Court directed the State Authorities to
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W.A.No.2282 of 2022
pass appropriate order in accordance with law. That order has
subsequently been passed by the Joint Registrar of Co-operative
Societies/ Revisional Authority under the Act on 19.05.2021 by which
it was directed that, the terminal dues of the deceased employee /
husband of the writ petitioner shall be paid. So far recovery aspect is
concerned, it was left to the appellant / second respondent employer
to take recourse to other remedies available under law. It is this
order, which binds the second respondent, which it has not
challenged, and which was sought to be enforced by the writ
petitioner/ widow and for that purpose also she was constrained to
approach this Court again by filing W.P. No.20139 of 2021.
3.1 We find that it was very harsh to expect the widow to
seek mandamus from this Court to get the order passed by the State
authorities implemented through the State Authorities. In any case
that order is now passed by learned single Judge against the State
Authorities to get the order passed by it implemented. The State is
not in appeal and rightly so.
3.2 We note that the State cannot be heard contending its
helplessness to get its order implemented. Needful therefore needs to
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W.A.No.2282 of 2022
be done by the State Authorities.
4. We do not find any infirmity in the order of learned single
Judge. This appeal therefore needs to be dismissed.
5. For the reasons recorded above, this appeal is dismissed.
No costs. However by recording simple dismissal of this appeal the
widow need not be left in lurch.
6. List on 07.11.2022 for reporting compliance of the order
passed by the State Authorities dated 19.05.2021 and the order of
learned single Judge dated 21.09.2021.
(P.U., J) (D.B.C., J)
14.10.2022
Index:No
mmi/6
To
The Joint Registrar of Co-operative
Societies/Revision Authority,
Kancheepuram Zone, Kancheepuram.
https://www.mhc.tn.gov.in/judis
W.A.No.2282 of 2022
PARESH UPADHYAY, J.
and
D.BHARATHA CHAKRAVARTHY, J.
mmi
W.A.No.2282 of 2022
14.10.2022
https://www.mhc.tn.gov.in/judis
