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Unknown vs S.Radhakrishnan
2024 Latest Caselaw 21621 Mad

Citation : 2024 Latest Caselaw 21621 Mad
Judgement Date : 14 November, 2024

Madras High Court

Unknown vs S.Radhakrishnan on 14 November, 2024

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                       1          W.A.(MD)NO.1208 OF 2017

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                       DATED : 14.11.2024
                                                              CORAM
                           THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                                                 AND
                                    THE HON'BLE MS.JUSTICE R. POORNIMA
                                        W.A.(MD)Nos.1208 & 1209 of 2017 AND
                                         C.M.P.(MD)Nos.8495 & 8496 of 2017

                     W.A.(MD)No.1208 of 2017

                     MDA-HSG-63, Palani Taluk
                     Co-operative Housing Society Ltd.,
                     Rep. By its Secretary,
                     Old Post Office Road,
                     Lakshmipuram, Palani,
                     Dindigul District.
                     (Cause title is amended vide order dated 20.12.2018
                     in C.M.P.(MD)No.12318 of 2018)                        ... Appellant / Respondent

                                                                   Vs.

                     1. S.Radhakrishnan                                    ... Respondent / Petitioner

                     2. The Secretary to Government,
                        Housing and Urban Development Department,
                        Secretariat, Chennai-9.

                     3. The Registrar(Housing),
                        No.493, Anna Salai,
                        Tamil Nadu Housing Board Complex,
                        Nandanam, Chennai – 35.

                     4. The Deputy Registrar(Housing),
                        Madurai Region,
                        Plot No.15, K.K.Nagar,
                        Madurai – 20.

https://www.mhc.tn.gov.in/judis
                     1/6
                                                                       2            W.A.(MD)NO.1208 OF 2017

                        (Appellants are transposed as R-2 to R-4 vide order dated 20.12.2018
                         in C.M.P.(MD)Nos.12316 to 12319 of 2018.)

                     5. The Co-operative Sub Registrar /
                         Liquidating Officer,
                        Madurai.
                        (R-5 is impleaded as party respondent
                         vide order dated 12.07.2019)                      ... Respondents


                                  Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to
                     set aside the order dated 18.08.2014 in W.P.(MD)No.12555 of 2014 on
                     the file of this Court and allow this writ appeal.


                     W.A.(MD)No.1209 of 2017

                     MDA-HSG-63, Palani Taluk
                     Co-operative Housing Society Ltd.,
                     Rep. By its Secretary,
                     Old Post Office Road,
                     Lakshmipuram, Palani,
                     Dindigul District.
                     (Cause title is amended vide order dated 20.12.2018
                     in C.M.P.(MD)No.12319 of 2018)                        ... Appellant / Respondent

                                                                   Vs.

                     1. A.Haridoss                                         ... Respondent / Petitioner

                     2. The Secretary to Government,
                        Housing and Urban Development Department,
                        Secretariat, Chennai-9.

                     3. The Registrar(Housing),
                        No.493, Anna Salai,
                        Tamil Nadu Housing Board Complex,
                        Nandanam, Chennai – 35.


https://www.mhc.tn.gov.in/judis
                     2/6
                                                                       3            W.A.(MD)NO.1208 OF 2017

                     4. The Deputy Registrar(Housing),
                        Madurai Region,
                        Plot No.15, K.K.Nagar,
                        Madurai – 20.
                        (Appellants are transposed as R-2 to R-4 vide order dated 20.12.2018
                         in C.M.P.(MD)Nos.12316 to 12319 of 2018.)

                     5. The Co-operative Sub Registrar /
                         Liquidating Officer,
                        Madurai.
                        (R-5 is impleaded as party respondent
                         vide order dated 12.07.2019)                      ... Respondents


                                  Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to
                     set aside the order dated 18.08.2014 in W.P.(MD)No.12556 of 2014 on
                     the file of this Court and allow this writ appeal.


                                  (in both W.As.)
                                  For Appellant              : Mr.S.Kumar

                                  For R-1                    : Mr.K.Balasubramani

                                  For R-2 to R-4             : Mr.M.Siddarthan,
                                                               Additional Government Pleader.

                                                                 ***

                                              COMMON JUDGMENT

(Judgment of the Court was delivered by G.R.SWAMINATHAN, J.)

Heard both sides.

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

2. It is not in dispute that the writ petitioners herein were

employed in the appellant co-operative Society. Both of them have

retired. It is not in dispute that their Gratuity dues as well as Provident

Fund dues had not been settled. In these circumstances, they filed W.P.

(MD)Nos.12555 and 12556 of 2014. Both the writ petitions were

disposed of by the learned single Judge with the direction to the Society

to settle the benefits. Questioning the same, these writ appeals have been

filed. In the writ appeals, nowhere there is any challenge to the finding

regarding the entitlement of the writ petitioners to settlement of the

retiral benefits. We do not find any merit in these writ appeals. These

writ writ appeals are dismissed. No costs. Consequently, connected

miscellaneous petitions are closed.

(G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.) 14th November 2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU

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

To:

1. The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-9.

2. The Registrar(Housing), No.493, Anna Salai, Tamil Nadu Housing Board Complex, Nandanam, Chennai – 35.

3. The Deputy Registrar(Housing), Madurai Region, Plot No.15, K.K.Nagar, Madurai – 20.

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

G.R.SWAMINATHAN,J.

AND R.POORNIMA, J.

PMU

W.A.(MD)Nos.1208 & 1209 of 2017

14.11.2024

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

 
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