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Madras High CourtWP/5538/2025disposed of

R.Seerangan v. The Joint Registrar Of Cooperative Societies,

2025-06-18Honourable Mrs.Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2025 CORAM :

THE HONOURABLE MRS. JUSTICE N.MALA Writ Petition No.5538 of 2025 and W.M.P.No.6102 of 2025 R.Seerangan ... Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Salem Region, Salem District.

2.The Deputy Registrar of Co-operative Societies, Omalur Circle, Omalur, Salem District.

3.The Co-operative Sub Registrar/Filed Officer/Enquiry Officer S.M.84, JSW Steel Employees Co-operative Thrift and Credit Society Ltd., Pottaneri, Salem District.

4.The Administrator, S.M.84, JSW Steel Employees Co-operative Thrift and Credit Society Ltd., Pottaneri, Salem District. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus directing the second respondent to compare Page No.1 of 6

with the Day Book and General Ledger of the fourth respondent Society and consequently direct the second respondent to conduct an computerized Re-Audit from the year 2014-2015 to 2023-2024 maintained by the fourth respondent Society in connection with E.P.No.1/2024-2025 dated 06.05.2024 and E.P.No.1/2024-2025 dated 17.05.2024 on the file of the second respondent in view of the petitioner representation dated 26.11.2024. For Petitioner :

Mr.I.Abrar Md Abdullah For Respondents 1 to 3 :

Mr.M.Muthusamy, Government Advocate For Respondent 4 :

Mr.M.Rajendiran, Additional Government Pleader

O R D E R

The petitioner has filed this petition to direct the second respondent to compare with the Day Book and General Ledger of the fourth respondent Society and consequently direct the second respondent to conduct an computerized ReAudit from the year 2014-2015 to 2023-2024 maintained by the fourth respondent society in connection with E.P.No.1/2024-2025 dated 06.05.2024 and E.P.No.1/2024-2025 dated 17.05.2024 on the file of the second respondent in view of the petitioner representation dated 26.11.2024. Page No.2 of 6

2. The petitioner was appointed as Assistant Secretary/Manager in the Mecheri Primary Agricultural Cooperative Society on 06.06.1983 and was later promoted as Manager and Accountant on 01.08.1989. He was permanently absorbed as Secretary in the JSW Steel Employees Cooperative Thrift and Credit Society Ltd. (fourth respondent) from 14.07.2006 until his retirement on 31.05.2019. After a lapse of nearly five years, the second respondent passed a conditional attachment order dated 06.05.2024 in E.P.No.1/2024-2025 under Section 167 of the Tamil Nadu Co-operative Societies Act, alleging misappropriation of Rs. 10.58 crores by the petitioner and two others, without obtaining a court judgment. The petitioner challenged the order by filing W.P.No.14040 of 2024, which was dismissed on 21.10.2024 following the production of an order dated 28.03.

2024 in ARC.No.69/2023-2024 under Section 90 of the Act. Despite repeated representations requesting the specific charge details and relevant documents, including a Charge Memo and accounting records, the third respondent failed to provide the same. The petitioner has also requested a computerized re-audit of the society's accounts from 2014-2015 to 2023-2024 to verify the allegations.

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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 second respondent to consider the petitioner's representation dated 26.11.2024 on merits, in accordance with law and pass appropriate orders within a time frame to be fixed by this Court.

4. Learned Government Advocate appearing for the second respondent has no objection for the said order being passed by this Court.

5. Heard the learned counsel on either side and perused the materials available on record.

6. 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 second respondent to consider the petitioner's representation dated 26.11.2024 after giving due notice to the petitioner, affording an opportunity of personal hearing and considering the documents filed by the petitioner and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date Page No.4 of 6

of receipt of a copy of this order.

7. With the aforesaid observation and direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 18.06.2025 vm/dsn Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

1.The Joint Registrar of Co-operative Societies, Salem Region, Salem District.

2.The Deputy Registrar of Co-operative Societies, Omalur Circle, Omalur, Salem District.

3.The Co-operative Sub Registrar/Filed Officer/Enquiry Officer S.M.84, JSW Steel Employees Co-operative Thrift and Credit Society Ltd., Pottaneri, Salem District.

4.The Administrator, S.M.84, JSW Steel Employees Co-operative Thrift and Credit Society Ltd., Pottaneri, Salem District.

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N.MALA,J.

vm/dsn 18.06.2025 Page No.6 of 6