High Court · 2025

W.P.No.12822 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 09.04.2025CORAM : THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.12822 of 2025K.Murugesan ... PetitionerVs.1.The Secretary to Government of Tamil Nadu, Department of Co-operation, Food and Consumer Protection, Fort St.George, Secretariat, Chennai – 600 009.2.The Registrar of Co-operative Societies, No.170, NV Natarajan Maaligai, EVR Periyar High Road, Kilpauk, Chennai – 600 010.3.The Joint Registrar of cooperative Societies, District Collectorate Office Campus, Collectorate Post, Dharmapuri – 636 705.4.The Deputy Registrar of Cooperative Societies, District Collectorate Office Campus, Collectorate Post, Dharmapuri – 636 705.5.The Administrator, D.D.133, Dharmapuri & Krishnagiri District PWD Employees' Cooperative Thrift and Credit Society Ltd., No.96/23 A, South Railway Line Road, Kumaraswamypet, Dharmapuri – 636 701.Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12822 of 20256.The Administrator, XC-121, PWD Employees' Cooperative Thrift and Credit Society Ltd., PWD Campus, Chepauk, Chennai – 600 005. … Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus directing the 1st and 2nd respondents herein to act upon the petitioner's representations dated 06.03.2024, 16.07.2024 and 25.11.2024 and to pass suitable orders to absorb the petitioner presently working as secretary in 5th respondent society into the 6th respondent society by merging the 5th respondent society with the 6th respondent society, considering almost all the members of the 5th respondent society have been inducted into the 6th respondent society as its members, and the petitioner being single employee of the 5th respondent society and that due to the expansion of the 6th respondent society's jurisdiction into Dharmapuri and Krishnagiri Districts by entertaining the applications made by the PWD Employees of above districts, the 5th respondent has become defunct or any other order or further orders.For Petitioner : Mr.S.SathiaseelanFor Respondents : Mr.K.Tamil Vendan, Government Advocate O R D E RThe petitioner has filed this petition seeking to direct the the 1st and 2nd Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12822 of 2025respondents herein to act upon the petitioner's representations dated 06.03.2024, 16.07.2024 and 25.11.2024 and to pass suitable orders to absorb the petitioner presently working as secretary in 5th respondent society into the 6th respondent society by merging the 5th respondent society with the 6th respondent society, considering almost all the members of the 5th respondent society have been inducted into the 6th respondent society as its members, and the petitioner being single employee of the 5th respondent society and that due to the expansion of the 6th respondent society's jurisdiction into Dharmapuri and Krishnagiri Districts by entertaining the applications made by the PWD Employees of above districts, the 5th respondent has become defunct or any other order or further orders.2. The case of the petitioner is that the petitioner was appointed as a Clerk in the 5th respondent society on 09.01.1996 and has been serving as the sole Secretary since 29.05.2000 without any dereliction of duty. The 5th respondent society, operating in Dharmapuri and Krishnagiri Districts, is now facing operational paralysis due to the 6th respondent society—XC-121, PWD Employees' Cooperative Society, Chennai, illegally enrolling members from the 5th respondent's jurisdiction, despite having no authority to do so. This has Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12822 of 2025severely affected the 5th respondent society’s functioning and left the petitioner unpaid since March 2024, while also burdening him with rent, EB charges, and employer’s PF contribution. Although the 1st respondent directed in 2010 that the 6th respondent should not induct PWD employees from Dharmapuri and Krishnagiri, no effective steps have been taken. The petitioner, who is due for retirement on 31.07.2025, has sought absorption into the 6th respondent society with pay protection, and the merger of the two societies. However, instead of addressing his grievances, a Section 82 inspection was initiated, which has been stayed by this Court. Hence, the petitioner has come forward with the present writ petition.3. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the first respondent to consider the petitioner's representation dated 16.07.2024 on merits, in accordance with law and pass appropriate orders within a time frame to be fixed by this Court.4. Learned counsel for the petitioner would further submit that the petitioner is due to superannuate on 31.07.2025, hence he prayed that this Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12822 of 2025Court may direct the first respondent to take into consideration the said aspect while disposing the aforesaid representation of the petitioner dated 16.07.2024.5. Learned Government Advocate appearing for the respondents has no objection for the said order being passed by this Court.6. Heard the learned counsel on either side and perused the materials available on record.7. Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case directs the first respondent to consider the petitioner's representation dated 16.07.2024 by taking into consideration that the petitioner is due to superannuate on 31.07.2025 on merits, in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.8. This writ petition is disposed of with the aforesaid observation and direction. No costs.Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12822 of 202509.04.2025 vmIndex:Yes/NoSpeaking Order:Yes/NoNeutral Citation:Yes/NoTo:1.The Secretary to Government of Tamil Nadu, Department of Co-operation, Food and Consumer Protection, Fort St.George, Secretariat, Chennai – 600 009.2.The Registrar of Co-operative Societies, No.170, NV Natarajan Maaligai, EVR Periyar High Road, Kilpauk, Chennai – 600 010.3.The Joint Registrar of cooperative Societies, District Collectorate Office Campus, Collectorate Post, Dharmapuri – 636 705.4.The Deputy Registrar of Cooperative Societies, District Collectorate Office Campus, Collectorate Post, Dharmapuri – 636 705.5.The Administrator, D.D.133, Dharmapuri & Krishnagiri District PWD Employees' Cooperative Thrift and Credit Society Ltd., No.96/23 A, South Railway Line Road, Kumaraswamypet, Dharmapuri – 636 701.Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12822 of 20256.The Administrator, XC-121, PWD Employees' Cooperative Thrift and Credit Society Ltd., PWD Campus, Chepauk, Chennai – 600 005. J.SATHYA NARAYANA PRASAD,J.vm W.P.No.12822 of 2025Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12822 of 202509.04.2025Page No.8 of 8

W.P.No.12822 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 09.04.2025CORAM : THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.12822 of 2025K.Murugesan ... PetitionerVs.1.The Secretary to Government of Tamil Nadu, Department of Co-operation, Food and Consumer Protection, Fort St.George, Secretariat, Chennai – 600 009.2.The Registrar of Co-operative Societies, No.170, NV Natarajan Maaligai, EVR Periyar High Road, Kilpauk, Chennai – 600 010.3.The Joint Registrar of cooperative Societies, District Collectorate Office Campus, Collectorate Post, Dharmapuri – 636 705.4.The Deputy Registrar of Cooperative Societies, District Collectorate Office Campus, Collectorate Post, Dharmapuri – 636 705.5.The Administrator, D.D.133, Dharmapuri & Krishnagiri District PWD Employees' Cooperative Thrift and Credit Society Ltd., No.96/23 A, South Railway Line Road, Kumaraswamypet, Dharmapuri – 636 701.Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12822 of 20256.The Administrator, XC-121, PWD Employees' Cooperative Thrift and Credit Society Ltd., PWD Campus, Chepauk, Chennai – 600 005. … Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus directing the 1st and 2nd respondents herein to act upon the petitioner's representations dated 06.03.2024, 16.07.2024 and 25.11.2024 and to pass suitable orders to absorb the petitioner presently working as secretary in 5th respondent society into the 6th respondent society by merging the 5th respondent society with the 6th respondent society, considering almost all the members of the 5th respondent society have been inducted into the 6th respondent society as its members, and the petitioner being single employee of the 5th respondent society and that due to the expansion of the 6th respondent society's jurisdiction into Dharmapuri and Krishnagiri Districts by entertaining the applications made by the PWD Employees of above districts, the 5th respondent has become defunct or any other order or further orders.For Petitioner : Mr.S.SathiaseelanFor Respondents : Mr.K.Tamil Vendan, Government Advocate O R D E RThe petitioner has filed this petition seeking to direct the the 1st and 2nd Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12822 of 2025respondents herein to act upon the petitioner's representations dated 06.03.2024, 16.07.2024 and 25.11.2024 and to pass suitable orders to absorb the petitioner presently working as secretary in 5th respondent society into the 6th respondent society by merging the 5th respondent society with the 6th respondent society, considering almost all the members of the 5th respondent society have been inducted into the 6th respondent society as its members, and the petitioner being single employee of the 5th respondent society and that due to the expansion of the 6th respondent society's jurisdiction into Dharmapuri and Krishnagiri Districts by entertaining the applications made by the PWD Employees of above districts, the 5th respondent has become defunct or any other order or further orders.2. The case of the petitioner is that the petitioner was appointed as a Clerk in the 5th respondent society on 09.01.1996 and has been serving as the sole Secretary since 29.05.2000 without any dereliction of duty. The 5th respondent society, operating in Dharmapuri and Krishnagiri Districts, is now facing operational paralysis due to the 6th respondent society—XC-121, PWD Employees' Cooperative Society, Chennai, illegally enrolling members from the 5th respondent's jurisdiction, despite having no authority to do so. This has Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12822 of 2025severely affected the 5th respondent society’s functioning and left the petitioner unpaid since March 2024, while also burdening him with rent, EB charges, and employer’s PF contribution. Although the 1st respondent directed in 2010 that the 6th respondent should not induct PWD employees from Dharmapuri and Krishnagiri, no effective steps have been taken. The petitioner, who is due for retirement on 31.07.2025, has sought absorption into the 6th respondent society with pay protection, and the merger of the two societies. However, instead of addressing his grievances, a Section 82 inspection was initiated, which has been stayed by this Court. Hence, the petitioner has come forward with the present writ petition.3. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the first respondent to consider the petitioner's representation dated 16.07.2024 on merits, in accordance with law and pass appropriate orders within a time frame to be fixed by this Court.4. Learned counsel for the petitioner would further submit that the petitioner is due to superannuate on 31.07.2025, hence he prayed that this Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12822 of 2025Court may direct the first respondent to take into consideration the said aspect while disposing the aforesaid representation of the petitioner dated 16.07.2024.5. Learned Government Advocate appearing for the respondents has no objection for the said order being passed by this Court.6. Heard the learned counsel on either side and perused the materials available on record.7. Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case directs the first respondent to consider the petitioner's representation dated 16.07.2024 by taking into consideration that the petitioner is due to superannuate on 31.07.2025 on merits, in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.8. This writ petition is disposed of with the aforesaid observation and direction. No costs.Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12822 of 202509.04.2025 vmIndex:Yes/NoSpeaking Order:Yes/NoNeutral Citation:Yes/NoTo:1.The Secretary to Government of Tamil Nadu, Department of Co-operation, Food and Consumer Protection, Fort St.George, Secretariat, Chennai – 600 009.2.The Registrar of Co-operative Societies, No.170, NV Natarajan Maaligai, EVR Periyar High Road, Kilpauk, Chennai – 600 010.3.The Joint Registrar of cooperative Societies, District Collectorate Office Campus, Collectorate Post, Dharmapuri – 636 705.4.The Deputy Registrar of Cooperative Societies, District Collectorate Office Campus, Collectorate Post, Dharmapuri – 636 705.5.The Administrator, D.D.133, Dharmapuri & Krishnagiri District PWD Employees' Cooperative Thrift and Credit Society Ltd., No.96/23 A, South Railway Line Road, Kumaraswamypet, Dharmapuri – 636 701.Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12822 of 20256.The Administrator, XC-121, PWD Employees' Cooperative Thrift and Credit Society Ltd., PWD Campus, Chepauk, Chennai – 600 005. J.SATHYA NARAYANA PRASAD,J.vm W.P.No.12822 of 2025Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12822 of 202509.04.2025Page No.8 of 8