C.Udayakumar v. The Deputy Registrar Of Co-
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Writ Petition No.30220 of 2015 & M.P.No.1 of 2015 C.Udayakumar
...Petitioner
Vs.
The Deputy Registrar of Co-operative Societies, Hosur Circle, Hosur, Krishnagiri District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for issuance of Writ of Mandamus to forbear the respondent from proceeding under Section 87 of the Tamil Nadu Co-operative Socieites Act against the petitioner pursuant to the notice Tha.Thee No.2/2015 sa.pa.dated 17.08.2015 without furnishing the copies of the documents required by him in his letter dated 03.09.2015. For Petitioner :
Mr.Balan Haridas for M/s.C.K.Chandrasekkar For Respondents :
Mr.R.Bala Ramesh, AGP
O R D E R
By consent, the Writ Petition itself is taken up for final disposal.
2. The grievance expressed by the petitioner, who was working as Secretary of the second respondent - Society and being visited with the surcharge proceedings under Section 87 of the Tamil Nadu Cooperative Societies Act, is that though the surcharge proceeding has been issued by referring to various documents/books of accounts, the copies of the same have not been furnished to him, thereby,
preventing him from submitting his effective written statement of defence. Hence, the petitioner has submitted a representation dated 03.09.2015 praying for furnishing of copies of certain documents, so as to enable him to submit his response. Since no orders have been passed, the petitioner came forward to file the present Writ Petition.
3. Learned counsel appearing for the petitioner would submit that though in the surcharge proceedings reference have been made to certain documents and books of accounts, none of the documents have been furnished to the petitioner and consequently, he has been put to grave prejudice and prevented from making effective representation.
4. Per contra, learned Additional Government Pleader, who accepts notice on behalf of the respondent, would submit that for deciding the surcharge proceedings, furnishing of documents is not mandatory and prays for dismissal of the Writ Petition.
5. This Court, upon hearing the rival submissions of both sides and in the light of the facts and circumstances of the case and without going into the merits of the same, directs the first respondent to permit the petitioner to peruse the documents referred to in the surcharge proceedings and take notes/copies of the same or the first respondent himself can furnish documents referred to in the representation of the petitioner dated 03.09.2015 within a period of six weeks from the date of receipt of a copy of this order. Till then, the respondent shall defer further decision in terms of surcharge notice dated 17.08.2015.
The Writ Petition is disposed of accordingly. No costs. Consequently, M.P.No.1 of 2015 is closed.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar sl
To The Deputy Registrar of Co-operative Societies, Hosur Circle, Hosur, Krishnagiri District.
1 CC to M/s.C.K.Chandrasekkar, Advocate SR.No. 52490 1 CC to Mr.R.Bala Ramesh, Advocate SR.No. 52239 Writ Petition No.30220 of 2015 & M.P.No.1 of 2015 RV (CO) PSI (12.10.2015)