S.Rajendran v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA S. Rajendran ... Petitioner Vs

1. The Registrar, Co-operative Societies N.V.Natarajan Maligai, No.170, E.V.R.Periyar High Road, Kilpakkam, Chennai 600 010.

2. The Deputy Registrar Co-operative Societies, Dharapuram, Tirupur District.

3. The Special Officer K-797 Kongalnagaram Primary Agricultural Co-operative Credit Society, Kongalnagaram (post) Udumalpet Taluk, Tirupur District. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing the 2nd respondent authority to lift the order of attachment passed with regard to petitioner's property in S.No.116/B, Royal Laksmi Nagar Layout Kanakampalayam Village, 1/6

Udumalpet Taluk, Tiruppur district by considering the explanation submitted by the petitioner dated 22.03.2025. For Petitioner : Mr.M.Sudhan For Respondents : Mr.M.Muthusamy Government Advocate for R1 & R2 Mr.M.R.Gokulakrishnan for R3

O R D E R

This writ petition has been filed for writ of mandamus directing the 2nd respondent authority to lift the order of attachment passed with regard to petitioner's property in S.No.116/B, Royal Laksmi Nagar Layout Kanakampalayam Village, Udumalpet Taluk, Tiruppur district by considering the explanation submitted by the petitioner dated 22.03.2025.

2. With the consent of both side counsels the main writ petition is taken up for disposal.

3. The petitioner worked as auditor in the department of cooperative society and retired from service on 30.06.2013. The petitioner, post his retirement purchased the subject property under a registered sale deed dated 11.11.2013, registered as document No.8191 of 2/6

2013. After the petitioner's retirement, his property was attached by the respondent authority based on a false complaint that the petitioner was involved in misappropriation of funds of the 3rd respondent society. Pursuant thereof, the impugned proceeding was passed by the 2nd respondent on 22.09.2015, beyond two years from the date of his retirement. The 2nd respondent under the impugned order attached the petitioner's property which he purchased from and out of his personal savings and also by utilising his retirement benefits.

4. Aggrieved by the said order, the petitioner submitted a representation on 27.01.2025, requesting the authorities to lift the order of attachment over his property. However, the said representation is kept pending without consideration. Based on the petitioner's representation he was issued with a summon dated 12.03.2025 in Na.Ka.No.2802/2015/S.P (case No.526/2015-16) directing him to appear for enquiry on 20.03.2025. Pursuant to the directions issued to the petitioner to appear for enquiry, the petitioner attended the enquiry on the said date. However, the petitioner states that the authorities compelled him to sign a statement 3/6

prepared by them, but the petitioner refused to sign the same and instead submitted a written explanation to the respondent by way of post on 22.03.2024. Thereafter respondent authorities did not pass any orders. As further action was not taken on the petitioner's representation, the petitioner filed the above writ petition for the aforesaid relief.

5. The learned counsel for the petitioner prayed that it would suffice, if this Court directs the second respondent to dispose of the petitioner's representation dated 27.01.2025, within a time frame to be fixed by this Court.

6. The learned counsel for the respondents prayed for reasonable time to dispose the representation.

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

8. Taking into consideration the facts and circumstances of the case 4/6

and the limited relief sought by the learned counsel for the petitioner, this Court directs the second respondent, to dispose of the petitioner's representation dated 27.01.2025, by considering the petitioner's explanation dated 22.03.2024, and the order passed by this Court in W.P.No.21998 of 2023 dated 18.08.2023 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

9. With the above direction, the writ petition is disposed of. No costs.

13.06.2025 dpq Index: Yes/No Speaking order / Non speaking order N. MALA, J.

dpq To 5/6

1. The Registrar, Co-operative Societies N.V.Natarajan Maligai, No.170, E.V.R.Periyar High Road, Kilpakkam, Chennai 600 010.

2. The Deputy Registrar Co-operative Societies, Dharapuram, Tirupur District.

3. The Special Officer K-797 Kongalnagaram Primary Agricultural Co-operative Credit Society, Kongalnagaram (post) Udumalpet Taluk, Tirupur District.

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