K.Shajathikhan v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.1205 of 2018 K.Shajathikhan .. Petitioner Vs.

1.The District Registrar, Gobichettipalayam, Erode District.

2.The Special Officer, K 445, Kothamangalam Primary Agricultural Co-Operative Bank Ltd., Kothamangalam, Erode District.

3.Mrs.S.A.Akila, W/o. S.M.Azeemulla, D.No.452, Sambath Nagar, Erode - 11.

.. Respondents (R3 impleaded as per order dated 07.02.2018 in W.M.P.No.3343 of 2018 in W.P.No.1011 of 2018) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Form 8 and consequential Form 9 notice issued by the 1st 1/10

respondent under Rule 126(2) of the Co-Operative Societies Rules, 1988 and quash the same and for a consequential direction to the respondents to drop the surcharge proceedings against the deceased wife of the petitioner because the entire employees liability has already been recovered from other two employees itself.

For Petitioner :

Ms.Parvin Banu L.

For R1 :

Ms.Geetha Thamaraiselvam Special Government Pleader for Mrs.E.Ranganayaki Additional Government Pleader For R2 :

Mr.L.P.Shanmugasundaram For R3 :

Mr.K.C.Karl Marx

O R D E R

The petitioner is the husband of one S.A.Aktharunisha Begum. She passed away on 09.08.2008. When she was alive, she was working as a Senior Clerk / Cashier at the office of the 2nd respondent. She was dismissed from service on 26.11.2007 for alleged irregularities said to have been committed by her, her co-employees and the Board of Directors. On account of the loss caused to the society, proceedings were initiated and the property of the petitioner was attached by the 1st respondent. Hence, the writ petition.

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2.Ms.Parvin Banu L., learned counsel for the petitioner, reported that pending the writ petition, all the amounts due to the society had been paid. To enable her to produce the certificate from the society, I posted the matter today.

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3.When I took up the matter for hearing, Ms.Parvin Banu L. produced the payment slip and the letter issued by the Society and the undated instructions issued by the society. The same are scanned and extracted hereunder:- 4/10

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4.Ms.Geeta Thamaraiselvam, Special Government Pleader representing Mrs.E.Ranganayaki, Additional Government Pleader appearing for the 1st respondent has been instructed by the 1st respondent to the effect that no amounts are due from the petitioner to the respondents. The said instructions are also scanned and extracted hereunder:- 7/10

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5.As the entire amount due have been paid to the society, the 1st respondent shall withdraw the order of attachment forthwith. Withdrawal of the attachment will also be informed to the concerned Sub Registrar, so as to enable him to record the same on his / her files. 6.Accordingly, this Writ Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs. 02.12.2025 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The District Registrar, Gobichettipalayam, Erode District.

2.The Special Officer, K 445, Kothamangalam Primary Agricultural Co-Operative Bank Ltd., Kothamangalam, Erode District.

3.Mrs.S.A.Akila, W/o. S.M.Azeemulla, D.No.452, Sambath Nagar, Erode - 11.

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V.LAKSHMINARAYANAN, J.

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