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W.P.No.29987 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.08.2025
CORAM:
THE HONOURABLE MS. JUSTICE P.T.ASHA W.P.No.30113 of 2025 and W.M.P.No.33767 of 2025 M.Ganesan ... Petitioner Vs.
1. The Joint Registrar of Co-operative Society, Villupuram Region, Villupuram, Villupuram District.
2. The Deputy Registrar of Co-operative Society, Villupuram Circle, Villupuram, Villupuram District.
3. The Cooperative Sub Registrar/ Special Officer, Dhadhapuram Primary Agricultural Coop. Credit Society, Dhadhapuram & Post, Tindivanam Taluk, Villupuram District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the entire records relating to the impugned order passed by the third respondent in his proceedings Nil dated 16.07.2025 and quash the same and https://www.mhc.tn.gov.in/judis
W.P.No.29987 of 2025 consequently direct the respondents to disburse the interest at the rate of 10% for belated payment of monetary benefits to the petitioner. For Petitioners : Ms.R.Hemalatha For Respondents : Mr.S.Ravikumar Special Government Pleader (Co-op)
ORDER The Writ Petition is filed for a direction to the respondents to disburse the interest at the rate of 10% for belated payment of monetary benefits to the petitioner.
2. The short facts which give rise to the above writ petition are set out below: The petitioner is working as Secretary-in-Charge of the third respondent society. He had applied for medical leave on 13.06.2012. Since there was no improvement in his health, he had decided to resign his job and sent his resignation letter on 12.07.2012 to the third respondent. The letter was accepted by the third respondent by passing a resolution dated 06.02.2014 bearing Resolution No.3.
3. Thereafter, the petitioner would submit that despite accepting his resignation letter, the third respondent did not release his terminal https://www.mhc.tn.gov.in/judis
W.P.No.29987 of 2025 benefits. Several representations were submitted to the third respondent in this regard. However, there is no response. Hence, the petitioner approached the first respondent by filing a revision requesting to disburse the monetary benefits.
4. When the above Revision Petition came up before the first respondent on 18.05.2018, an order was passed directing the third respondent to calculate the monetary benefits and disburse the same to the petitioner. However, the third respondent observed the directions in a breach. The petitioner was therefore constrained to file W.P.No.24801 of 2018, seeking a direction to the third respondent to disburse his retirement benefits by implementing the order of the first respondent. When the Writ Petition came up for hearing on 18.09.2024, the third respondent had handed over a cheque of Rs.3,00,000/-. Thereafter, as per the orders of this Court, the third respondent disbursed a sum of Rs.11,02,260/- which was the monetary benefits withhold by the third respondent. However, the interest of 10% was not given to the petitioner. Therefore, the petitioner made a written representation to the respondents on 10.07.2025. To this, the respondents have passed the
order rejecting the petitioner's request. Challenging the same, the https://www.mhc.tn.gov.in/judis
W.P.No.29987 of 2025 petitioner is before this Court.
5. Heard the learned Counsel on either side.
6. A mere perusal of the impugned order, it would clearly display the utter non-application of mind on the part of the third respondent and malafides the order rejecting the request would reads as follows:-
“nkw;go r';fj;jpy; kDjhuu; brayhsu; bghWg;gpy; Rkhu; 5 tUl';fshf gzpg[upe;jnghJk; mjw;F Kd;dUk; gzpahsu; tU';fhy itg;g[ bjhif kw;Wk; gzpf;bfhil bjhiffs; Kiwahf kj;jpa t';fpapy; ,l;L itf;fg;glhky; r';f mstpnyna tut[ bryt[ bra;ag;gl;L te;Js;sJ/ ,Wjpahf r';fj;jpy; gzpXa;t[ bgw;w gzpahsu; xUtUf;F Xa;t[f;fhy epjpg;gad;fs; Kw;wpYk; tH';f ,ayhj epiyapy; r';fk; cs;sjw;F kDjhuUk; xU fhuzkhthu; vd bjuptpj;Jf; bfhs;fpnwd;/” Admittedly, the amounts that had due to the petitioner had been paid and therefore, his entitlement to the same has been recognised. The respondents are liable to pay interest on the said amount as they had disbursed the same belatedly. Therefore, the petitioner is entitled to the interest as claimed. Hence, this Writ Petition is allowed and the impugned order is set aside. The respondents are directed to pay 10 % interest for the belated payment of the monetary benefits to the petitioner from the date of his due till the date of payment. Consequently, https://www.mhc.tn.gov.in/judis
W.P.No.29987 of 2025 connected Miscellaneous Petition is closed. No costs. 12.08.2025 dh Index: Yes/No Internet: Yes/No To
1. The Joint Registrar of Co-operative Society, Villupuram Region, Villupuram, Villupuram District.
2. The Deputy Registrar of Co-operative Society, Villupuram Circle, Villupuram, Villupuram District.
3. The Cooperative Sub Registrar/ Special Officer, Dhadhapuram Primary Agricultural Coop. Credit Society, Dhadhapuram & Post, Tindivanam Taluk, Villupuram District. https://www.mhc.tn.gov.in/judis
W.P.No.29987 of 2025 P.T.ASHA. J. dh W.P.No.30113 of 2025 12.08.2025 https://www.mhc.tn.gov.in/judis