Madras High Court
M.Angappan vs The Joint Registrar Of Co-Op. Societies on 25 April, 2025
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P.NO.14704 OF 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2025
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.NO.14704 OF 2025
M.Angappan ... Petitioner
VS.
1.The Joint Registrar of Co-op. Societies
Salem Region,
Salem.
2.The Deputy Registrar of Co-op. Societies
Omalur Circle, Omalur,
Salem District.
3.The Administrator
S.629, Nallagoundanpatti Primary
Agricultural Co-operative Society
Omalur Taluk, Salem District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India praying for a Writ of Mandamus, to direct the respondents herein to
disburse the petitioner within a limited time frame the terminal benefits
of Rs.4,01,598.56/- and other monetary benefits due and payable to the
petitioner with 12% interest for the delayed payment with effect from
01.10.2005 till the date of actual disbursement.
Page No.1 of 6
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W.P.NO.14704 OF 2025
For Petitioner : Mr.R.Dhanasekar
For Respondents 1&2 : Mr.M.Muthusamy
Government Advocate
For Respondent 3 : Mr.S.Arumugam
Government Advocate
ORDER
This writ petition has been filed in the nature of a
Mandamus, seeking a direction against the respondents to disburse the
petitioner's terminal benefits of Rs.4,01,598.56 and also other monetary
benefits due and payable to him with interest at 12% per annum for the
delayed payment with effect from 01.10.2025 till the date of actual
disbursement.
2.In the affidavit filed in support of the writ petition, it had
been contended that the petitioner was appointed as the Secretary of
S.629 Nallagoundanpatti Primary Agricultural Co-operative Bank,
Omalur Taluk, Salem District, on 15.05.1979, and retired from service on
30.09.2005. It had been contended that his salary was fixed in
accordance with G.O.Ms.No.131, Co-operation, Food & Consumer
Protection Department, dated 04.06.1999 and that a settlement was
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W.P.NO.14704 OF 2025
reached on 07.09.2000. A circular was also issued by the Deputy
Registrar of Co-operative Societies, Omalur, in Na.Ka.No.3703/99, dated
21.06.1999. Furthermore, it had been contended that the petitioner had
given a representation seeking terminal benefits.
3.The petitioner then filed W.P.No.49734 of 2006 seeking a
direction to the respondents to consider his representation dated
27.03.2006 for the payment of his terminal benefits. A direction was
issued to consider the representation. The petitioner contended that the
sum due and receivable by him was Rs.4,01,598/-.
4.The petitioner then filed W.P.No.2116 of 2016, again in
the nature of a Mandamus, seeking a direction for consideration of his
representation. A direction was once again issued to consider his
representation. In his affidavit, the petitioner has stated the law and
referred to a judgment of the Hon'ble Supreme Court in S.K. Dua v. State
of Haryana and Another [2008 (3) SCC 44]. If the petitioner’s legal
position is sound, there is no need for him to appoint a counsel and give
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W.P.NO.14704 OF 2025
instructions. He could have appeared before this Court as a party-in-
person. In an affidavit, only facts should be stated; the law should not,
and must not, be stated. However, the petitioner further stated that the
dictum laid down in the aforementioned judgment was followed in
W.P.No.39320 of 2005, dated 12.05.2011 [Dr. S. Loganathan v.
Agricultural University and Others]. The petitioner also mentioned that
this dictum had been relied upon in yet another judgment in
W.P.No.8148 of 2013, dated 03.12.2013 [M. Somasundaram v.
Government of Tamil Nadu and Another]. In that judgment, the learned
Single Judge had stated that interest must be paid at 12% per annum.
5.The issue now concerns the principal amount. According
to the respondents, the petitioner was informed that the amount payable
to him is Rs.1,64,320/- and for this amount, a cheque bearing No.001478,
dated 20.01.2020, drawn on Salem District Central Co-operative Bank
Ltd. was forwarded to him. The cheque was sent by registered post, but
the petitioner returned it. Efforts were also made to transfer the amount
online. It appears that the petitioner is not interested in receiving the
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W.P.NO.14704 OF 2025
amount payable by the respondents and is demanding a higher sum
without any basis. The petitioner cannot be permitted to file writ petition
after writ petition for the same relief after refusing to receive the amount.
He could have accepted the amount without prejudice to his contention
regarding why he should be paid Rs.4,01,598.56 instead of Rs.1,64,320/-.
Nevertheless, another writ petition has been filed in the nature of a
Mandamus. Mandamus cannot be issued directing the respondents to
perform the same act repeatedly. The respondents chould only issue a
cheque for Rs.1,64,320/-, which the petitioner would again refuse once
again, citing five judgments.
6.The writ petition stands dismissed. No costs.
25.04.2025
Index : Yes / No
Neutral Citation : Yes / No
Speaking Order : Yes / No
TK
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W.P.NO.14704 OF 2025
C.V.KARTHIKEYAN, J.
TK
To
1.The Joint Registrar of Co-op. Societies
Salem Region, Salem.
2.The Deputy Registrar of Co-op. Societies
Omalur Circle, Omalur, Salem District.
3.The Administrator
S.629, Nallagoundanpatti Primary
Agricultural Co-operative Society
Omalur Taluk, Salem District.
W.P.NO.14704 OF 2025
25.04.2025
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