B.Parasuraman v. The Joint Register Of Co-Operative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR AND CMP No. 11550 of 2024 B.Parasuraman, S/o. Balarai, No.664, Amman Kovil St, Thanakowundan Pudhur, Eraiyur, Thiruvannamalai - 606 704.

Appellant(s) Vs

1. The Joint Register of Co-operative Societies, Thiruvannamalai.

2.The District Register of Co-operative Society, Thiruvannamalai.

3.The Management of H.H.535 Melmudiyanur Primary Agricultural Cooperative Credit Society, Melmudiyanur, Thiruvannamalai.

Respondent(s)

PRAYER Writ Appeal filed under Clause 15 of Letters Patent Act, to allow the writ appeal and consequently set aisde the order made in WP No.31003 of 2023 dated 11.01.2024.

For Appellant(s):

Mr.L.P.Shanmugasundaram For Respondent(s):

Mr.S.Ravikumar Special Government Pleader for R1 to R3

JUDGMENT

(Judgment of the Court was made by S.M.Subramaniam J.) Under assail is the order dated 11.01.2024 passed in W.P.No.31003 of 2023.

2.

The writ petitioner is the appellant before this Court. 3.

The writ petition was instituted challenging the notice issued under Section 87 (1) of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as "the Act") 4.

Based on the statutory enquiry under Section 81 or inspection under Section 82 of the Act, the competent Authority under the Act is

empowered to initiate three-fold actions. Disciplinary actions against the employees can be initiated. Surcharge proceedings can be initiated to recover the financial loss caused to the society. Thirdly, criminal case can also be registered through Commercial Crime Investigation Wing of the Police Department.

5.

In the present case, surcharge proceedings has been initiated by issuing notice under Section 87 (1) of the Act. The said notice is under challenge. Thus, the writ petition is not entertainable. The appellant has to submit his explanations along with the documents, if any, in response to the surcharge notice issued under Section 87 (1) of the Act. Thereafter, the Deputy Registrar of Cooperative Societies has to conduct an enquiry by affording opportunity to all the parties and a final order is to be passed under Section 87 of the Act.

6.

The learned Special Government Pleader appearing on behalf of the respondents 1 to 3 would submit that in the present case final order has

already been passed under Section 87 of the Act on 02.08.2024. Therefore, an aggrieved person may prefer an appeal before the Co-operative Tribunal under Section 152 of the Act. This being the scheme of the Act, the writ appeal is not entertainable and the appellant is at liberty to workout his remedy under the provisions of the Act.

Accordingly, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 13-03-2025 veda Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Joint Register of Co-operative Societies, Thiruvannamalai.

2.The District Register of Co-operative Society, Thiruvannamalai.

3.The Management of H.H.535 Melmudiyanur Primary Agricultural Cooperative Credit Society, Melmudiyanur, Thiruvannamalai.

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

veda and CMP No. 11550 of 2024 13-03-2025