1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:9/3/2011 CORAM THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN WP(MD)No.2759 of 2011 B. Victor :Petitioner -Vs- 1.The Registrar of Co-operative Societies, Chennai. 2.The Joint Registrar of Co-operative Societies, Thanjavur. 3.The Special Officer, T-859 Alangudi Primary Agricultural Co-operative Bank Ltd, Thanjavur. :Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of mandamus directing the second respondent to consider the appeal petition dated 25/10/2010 submitted by the petitioner herein and to pass suitable orders thereon granting the subsistence allowance from the date of suspension. For petitioner :Mr.S. Annamalai For respondents:Mr.V.Rajasekaran, Spl.G.P. For R.R.1 and 2. Mr.K.A.Nandagopan, AGP for R.3. ORDER Mr.V.Rajasekaran, Special Government Pleader takes notice for the first and second respondents and Mr.K.A.Nandagopan, Additional Government Pleader for the third respondent. 2.By consent, the main writ petition itself is taken up for final disposal. 3.The petitioner has filed the present writ petition praying to direct the second respondent to consider the appeal petition dated 25/10/2010 submitted by the petitioner and pass suitable orders within a specified period. 4.The case of the petitioner is that, he was appointed by the second respondent as Secretary to the third respondent Society, by an order dated 20/6/1995. The second respondent initiated disciplinary proceedings against him and four others. The second respondent framed the charges to the effect that they all have caused revenue loss to the Society by an order dated 26/12/2005 and placed him under suspension. For the past five years, the second respondent continuously extending the period of suspension till date. That apart, the subsistence allowance was not paid for more than five years. 5.On 20/3/2009, the third respondent sent a communication refusing to pay the subsistence allowance. Therefore, the petitioner had filed a writ petition in W.P.No.7237 of 2009, challenging the said communication sent by https://hcservices.ecourts.gov.in/hcservices/ 2 the third respondent. By way of a final order dated 21/9/2010, this Court while dealing with a batch of writ petitions dismissed the same on the ground that the writ petition as against Co-operative Society is not maintainable. In paragraph 4 of the said order, it was held by this Court that "The aggrieved persons will have to find their remedy either under the provisions of the Act or under any other enactments applicable to such employees of the Society." That apart, it has been held by this Court that "the dismissal of the writ petitions will not dis- entitle the petitioners from approaching the appropriate forums for getting their grievances settled." 6.Pursuant to the said order, the petitioner approached the competent authority under the Act viz., the Joint Registrar of Co-operative Societies and filed an appeal as against the order of the third respondent Society on 25/10/2010. This appeal has not been considered by the second respondent so far and hence, the petitioner has filed the present writ petition. 7.Considering the limited scope of the matter, without expressing any opinion on the claim made by the petitioner, the second respondent is directed to consider the appeal petition filed by the petitioner dated 25/10/2010 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. 8.This writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1. The Registrar of Co-operative Societies, Chennai. 2. The Joint Registrar of Co-operative Societies, Thanjavur. 3. The Special Officer, T-859 Alangudi Primary Agricultural Co-operative Bank Ltd, Thanjavur. +1CC to The Special Government Pleader. SR.No.5723. MVS. W.P.(MD) No.2759 of 2011 RP/25.03.2011/2p/5c. 9/3/2011. https://hcservices.ecourts.gov.in/hcservices/