Madras High Court
P.Marimuthu vs The Principal Secretary To Government on 11 November, 2025
Author: G.K. Ilanthiraiyan
Bench: G.K. Ilanthiraiyan
W.P.No.42628 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K. ILANTHIRAIYAN
W.P.No.42628 of 2025
and
WMP No.47677 of 2025
P.Marimuthu : Petitioner
Vs.
1.The Principal Secretary to Government,
Cooperation, Food and Consumer Protection Department,
Government of Tamil Nadu,
Secretariat, Fort St.George,
Chennai- 600 009.
2.The Registrar,
State Consumer Disputes Redressal Commission,
Frazer Bridge Road, V.O.C.Nagar (Behing TNPSC),
Park Town, Chennai- 600 003.
: Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue Writ of Mandamus directing the respondents to permit the
petitioner to continue in service as Member, District Consumer Disputes Redressal
Commission, Coimbatore, beyond 26.11.2025 until completion of the recruitment
process under the new Rules, in compliance with the judgment of the Hon'ble
Supreme Court of India dated 21.05.2025 in Civil Appeal No.9982 of 2024
(Ganeshkumar Rajeshwarrao Selukar and Ors. vs. Mahendra Bhaskar Limaya and
Ors).
1/6
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W.P.No.42628 of 2025
For Petitioner : Mr.Kadhirvelu
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader
for R1
ORDER
This writ petition has been filed for a direction directing the respondents to
permit the petitioner to continue in service as Member of District Consumer
Disputes Redressal Commission, Coimbatore beyond 26.11.2025, until the
completion of the recruitment process under the new Rules in compliance with the
order passed by the Hon'ble Supreme Court dated 21.05.2025.
2. The petitioner has been appointed as Member, District Consumer
Disputes Redressal Commission, Coimbatore as per of G.O.Ms.No.33,
Cooperation, Food and Consumer Protection (H1) Department dated 18.03.2022.
The petitioner's recruitment and appointment were made in accordance with the
Consumer Protection (Qualification for Appointment, Method of Recruitment,
Procedure of Appointment, Term of Office, Resignation and Removal of the
President and Members of the State Commission and District Commission) Rules,
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2020 (hereinafter referred to as 'the 2020 Rules). As per Rule 10 of the 2020 Rules
(as mended in 2022), every member of the State Commission and the President and
every Member of the District Commission shall hold office for a term of four years
or up to the age of six-five years, whichever is earlier, and shall be eligible for
reappointment for another term of four years subject to the age limit of sixty five
years and such reappointment shall be made on the basis of the recommendation of
the Selection Committee. The petitioner's tenure as Member is due to end on
26.11.2025 as he attains the age of 65 years on that date.
3. Learned counsel for the respondent would submit that the petitioner
attains the age of superannuation as on 26.11.2025. Therefore, his tenure will
come to an end on 26.11.2025 and as such he cannot be permitted to continue till
the new recruitment to the post of Member of District Consumer Disputes
Redressal Commission, Coimbatore.
4. Learned counsel for the petitioner would submit the above contention
cannot be countenanced in the view of the directions issued by the Hon'ble
Supreme Court in the case of Ganeshkumar Rajeshwarrao Selukar and Ors vs
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Mehendra Bhaskar Limaye and Ors reported in (2025) 8 SCC 634, wherein
directions with regard to the status of appointment to the post of Presidents and
Members of the State and District Commissions has been issued. The relevant
direction is as follows:
6. Non-Judicial Members of the State a) If already appointed and serving, they
Commission and the Members of the shall be allowed to continue in service for
District Commission, who have given the the entirety of their tenure. In the event of
written examination and viva voce their tenure ending before the completion
of the recruitment process under the new
rules to be notified, their appointment shall
be allowed to continue until the completion
of the said recruitment process.
5. Thus it is clear that in the event completion of tenure before the
completion of the recruitment process, their appointment shall be allowed to
continue till the completion of recruitment process.
6. In the case on hand, the petitioner was appointment as Member, District
Consumer Disputes Redressal Commission, Coimbatore on 18.03.2022. His
tenure as per Rule 10 of the Rules, shall hold office for a term of four years or up
to the age of sixty five years, whichever is earlier. Now the petitioner is due to
attain superannuation as on 26.11.2025. But so far, there is no recruitment to the
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post of Member, District Consumer Disputes Redressal Commission, Coimbatore.
Therefore, the respondents are directed to permit the petitioner to continue the
service as Member, District Consumer Disputes Redressal Commission,
Coimbatore till the completion of recruitment process under the new rules.
7. With the above directions, the writ petition stands allowed. No costs.
Consequently, connected miscellaneous petition is closed.
11.11.2025
Speaking (or) Non Speaking Order
Neutral Citation: Yes/No
mrn
To
1.The Principal Secretary to Government,
Cooperation, Food and Consumer Protection Department,
Government of Tamil Nadu,
Secretariat, Fort St.George,
Chennai- 600 009.
2.The Registrar,
State Consumer Disputes Redressal Commission,
Frazer Bridge Road, V.O.C.Nagar (Behing TNPSC),
Park Town, Chennai- 600 003.
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G.K. ILANTHIRAIYAN, J.
(mrn)
11.11.2025
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