Sp.Vellaisamy v. The Registrar Of Co-Operative Societies (Housing),
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-03-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP Nos.12688 & 12689 of 2026 Sp.Vellaisamy S/o.Suppiah, No.3/823, Pudukudiyiruppu, Illuppakudi Post, Karaikudi Taluk, Sivaganga District.
..Petitioner(s) Vs
1. The Registrar of Co-Operative Societies (Housing), Tamilnadu State Co-Operative Societies, State Co-Operative Housing Joint Complex, No.48, 2nd Floor, Ritherdon Road, Vepery, Chennai - 600 007.
2. The Deputy Registrar of Co-Operative Societies (Housing), Virudhunagar Region, No.3, D.D.Salai, Mani Nagar, Virudhunagar District.
3. The Administrative Officer, A1321 Karaikudi Co-Operative House Building Society Ltd., No.20, Shanmuga Raja Road, Karaikudi, Sivaganga District.
4. M.P.Muthuramalingam, S/o.Pethaiah, Suspended Secretory of A1321 Karaikudi, CoOperative House Building Society Ltd., No.11/1, Church 5th Street, T.T.Nagar, Karaikudi, Sivaganga District - 630 001.
5. Senthil Vadivel Ex-President of A1321 Karaikudi, Co-Operative House Building Society Ltd., Karaikudi, Sivaganga District.
..Respondent(s) Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent Na.Ka.No.1106/2025/fptP dated 01.09.2025 and to quash the same and consequently to direct the respondents 1 to 3 herein to consider the petitioner's complaint dated 01.07.2025 and 28.02.2026 and direct to take action against the respondents 4 and 5 within a time frame. For Petitioner(s):
M/s.L.Margaret For Respondent(s):
Mr.A.M.Ayyadurai for R1 to R3 Government Advocate R4 & R5- Notice dispensed with
ORDER
This petition has been filed challenging the impugned order dated 01.09.2025 passed by the 2nd respondent and to quash the same and consequently to direct the respondents 1 to 3 herein to consider the petitioner's complaint dated 01.07.2025 and 28.02.2026 and also to take action against the respondents 4 and 5 within a time frame.
2.The learned counsel for the petitioner would submit the petitioner is a member of the 3rd respondent society. The petitioner submitted several complaints to the competent authorities pointing out large-scale fraudulent activities committed by the 4th and 5th respondents who acted as the Secretary and Ex-President of the Society, in alienating several housing plots belonging to the genuine allottees. They also violated the directions issued by the State Registrar, Housing in proceedings Na.Ka.No.7635/1998/A2 dated 08.07.1998, which mandate that transfer of plots must not be made without approval. However, several plots were transferred without obtaining such approval. Therefore, the 4th and 5th respondents were placed under suspension which was subsequently revoked. Thereafter, the 2nd respondent initiated enquiry proceedings on 25.07.2022 under Section 81 of the Tamil Nadu Cooperative
Societies Act by appointing the Cooperative Sub Registrar of Paramakudi namely K.N.Balamurugan as an Enquiry Officer. On 03.02.2023, the Enquiry officer submitted a enquiry report stating that there was no need to take any legal action against the alleged officials of the 3rd respondent/Karaikudi Cooperative Society. The same Enquiry Officer being an Administrative Officer, based on the direction of this Court in W.P (MD) No.30087/2023, submitted a counter affidavit before the State Registrar(Housing) in another case. In the said affidavit dated 10.09.
2024, the same Society was reported to be involved in fraudulent activities by its officials Upon being dissatisfied with these two contradictory stands, the State Registrar (Housing) ordered to reinvestigate the case through the Deputy Registrar (Housing), Virudhunagar Region and thereby the Deputy Registrar appointed reinvestigation under Section 81 of the Tamil Nadu Cooperative Societies Act with respect to the fraudulent activities of the officials of Karaikudi Cooperative Society through Na.Ka.No.1074/2023/Saba dated 18.11.2024 by appointing Co-operative Sub Registrar of Sivaganga namely, T.Jayaprakash as an Inquiry Officer. The subsequent Inquiry Officer issued summons to the concerned Society members for investigating the fraudulent activities occurred in the 3rd respondent Society by their officials.
Till date, the enquiry has not been concluded. Hence the present writ petition has been filed with the above said prayer.
3.Since no adverse order has been passed against the respondents 4 and 5, notice to them is dispensed with.
4.Considering the limited request made by the learned counsel for the petitioner, there shall be a direction to the 2nd and 3rd respondents to conclude the enquiry proceedings initiated under Section 81 of the Tamil Nadu Cooperative Societies Act, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 25-03-2026 Index: Yes/No Speaking/Non-speaking order Uma
To
1. The Registrar of Co-Operative Societies (Housing), Tamilnadu State Co-Operative Societies, State Co-Operative Housing Joint Complex, No.48, 2nd Floor, Ritherdon Road, Vepery, Chennai - 600 007.
2. The Deputy Registrar of Co-Operative Societies (Housing), Virudhunagar Region, No.3, D.D.Salai, Mani Nagar, Virudhunagar District.
3. The Administrative Officer, A1321 Karaikudi Co-Operative House Building Society Ltd., No.20, Shanmuga Raja Road, Karaikudi, Sivaganga District.
M.DHANDAPANI, J.
Uma WP No. 11639 of 2026 and WMP Nos.12688 & 12689 of 2026 25-03-2026