A.Meenatchi vs The Registrar Of Cooperative ...
2023 Latest Caselaw 11466 Mad

                                                                               WP.No.25420 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 29.08.2023

                                                      CORAM

                              THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                              WP.No.25420 of 2023

                  A.Meenatchi                                                      .. Petitioner

                                                      Versus

                  1.The Registrar of Cooperative Societies
                  No.170, NV Natarajan Maaligai
                  Periyar EVR High Road, Poonamallee High Road
                  Kilpauk, Chennai – 600 010

                  2.The Joint Registrar of Cooperative Societies
                  Cuddalore Region
                  Manjakuppam, Cuddalore – 607 001

                  3.The Deputy Registrar of Cooperative Societies
                  Kurinji Nagar
                  Virudhachala, Cuddalore District – 606 001

                  4.I.I.519, Mangalampettai Primary
                   Agri. Co-Op.Credit Society
                  Represented by its Registrar
                  72, Mangalampettai
                  Virudhachalam – 606 104                                       .. Respondents

                  Prayer: Writ Petition is filed under Article 226 of the Constitution of India
                  praying to issue a Writ of Mandamus, directing the 3 rd respondent to release
                  the retirement benefits and other dues of the petitioner's husband
                  Mr.Arumugam as directed by the Judicial Magistrate-II, Panruti vide Order
                  dated 08.10.2015.

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


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                                                                                     WP.No.25420 of 2023

                                  For Petitioner    : Ms.Shuwakitha
                                                      for Mr.Sharath Chandran

                                  For Respondents   : Mr.S.Prabhakaran
                                                      Government Advocate

                                                        ORDER

This writ petition has been filed seeking to direct the third

respondent to release the retirement benefits and other dues of the petitioner's

husband Mr.Arumugam as directed by the Judicial Magistrate-II, Panruti vide

Order dated 08.10.2015.

2. It is the grievance of the petitioner that her husband was released on

probation for good conduct and the alleged misappropriation is also paid with

interest and the retirement benefits is not paid. Hence, the petitioner submitted

a representation in this regard on 20.07.2023 and the same is pending without

consideration. Hence, seeks a direction.

3. Heard both sides and perused the materials placed on record. This

Court is of the view that though the petitioner's husband was originally charge-

sheeted for the alleged misappropriation of funds in C.C.No.211 of 2012

before the learned Judicial Magistrate No.2, Panruti, the fact remains that her

husband was released on probation of good conduct in a judgment dated

08.10.2015 by the learned Judicial Magistrate No.2, Panruti. The releasing of https://www.mhc.tn.gov.in/judis

WP.No.25420 of 2023

the petitioner's husband on probation will not affect his retirement benefits and

the judgment has also reached finality in the year 2015 itself. Now, it is not

disputed that the alleged misappropriation amount has already been paid with

interest.

4. Such view of the matter, the respondents cannot withheld the

retirement benefits. Hence, there shall be a direction to the respondents to

release the retirement benefits payable to the petitioner within a period of two

months from the date of receipt of a copy of this Order.

5. In view of the above, this writ petition stands disposed of. No costs.

29.08.2023

dhk Index:Yes/No Internet: Yes/No Neutral Citation:Yes/No

N.SATHISH KUMAR, J.

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

WP.No.25420 of 2023

dhk

To

1.The Registrar of Cooperative Societies No.170, NV Natarajan Maaligai Periyar EVR High Road, Poonamallee High Road Kilpauk, Chennai – 600 010

2.The Joint Registrar of Cooperative Societies Cuddalore Region Manjakuppam, Cuddalore – 607 001

3.The Deputy Registrar of Cooperative Societies Kurinji Nagar Virudhachala, Cuddalore District – 606 001

4.I.I.519, Mangalampettai Primary Agri. Co-Op.Credit Society Represented by its Registrar 72, Mangalampettai Virudhachalam – 606 104 W.P.No.25420 of 2023

29.08.2023

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