V.Sridevi v. The Joint Registrar Of Cooperativ Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:26.06-2025
CORAM
THE HONOURABLE MRS.JUSTICE N.MALA V.Sridevi W/o Late J.A.Murugan, 332, 59 th Street, K.C.C.Nagar Bagalur Road, Hosur, Krishnagiri District.
Petitioner(s) Vs 1.The Joint Registrar of Cooperative Societies, Office of the Joint Registrar of Cooperative Societies, Krishnagiri Region, Krishangiri, Krishangiri District. 2.The Deputy Registrar of Cooperative Societies, Office of the Deputy Registrar of Cooperative Societies, Hosur Circle, Hosur, Krishnagiri District.
3.The Administrator, D.K.122, Krishnagiri District National Engineering Employees Co-op Thrift and Credit Society Limited, Hosur Post and Taluk, Krishagiri District.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the Respondents to provide the relevant records requested by the petitioner on the basis of the written representation made by the petitioner on 17.03.2025 within a stipulated time and pass such further orders.
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For Petitioner(s):
M/s.R.Hemalatha For Respondent(s):
Mr.M.Muthukumar, Government Advocate
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, directing the Respondents to provide the relevant records requested by the petitioner on the basis of the written representation made by the petitioner on 17.03.2025.
2. The Petitioner is the wife of Late J.A.Murugan, who worked as Secretary in the 3 rd Respondent Society and passed away on 31.01.2021. On compassionate grounds, she was appointed as an Assistant on 30.03.2023 and later promoted as Clerk, where she continues to serve without any adverse remarks. Subsequently, an inquiry under Section 81 of the Tamil Nadu Cooperative Societies Act was ordered regarding non-recovery of loans by the society. The Enquiry Officer, in his report dated 06.03.2024, alleged that her appointment was made without proper approval and further held her jointly liable for the non-recovery of loans due to her husband's prior role. Based on 2/7
this, the 2 nd Respondent issued a surcharge notice under Section 87 on 26.02.2025.
3. The learned counsel for the Petitioner submits that the petitioner's appointment was made through a proper resolution passed by the then President and Board of Directors. She asserts that the petitioner was not provided with the relevant documents necessary to respond to the surcharge notice, despite submitting a written request on 17.03.2025. Though a communication dated 28.03.2025 directed the petitioner to collect the documents, the same was not honored when she approached the office on 07.04.2025. A summon dated 04.04.2025 was received only on 17.04.2025, after the date fixed for appearance (16.04.2025), thus denying her an opportunity to submit an explanation. Hence, the petitioner seeks a writ of mandamus to direct the Respondents to provide the requested documents, without which she is unable to defend herself effectively. 3/7
4. Learned Government Advocate appearing for the respondents would submit that the records/documents contained 20 volumes, and it is difficult to furnish the same to the petitioner.
5. Learned counsel for the petitioner submits that she takes xerox copies of the documents and is also also ready to pay the expenses incurred for taking xerox copies of the said documents.
6. Heard both sides and perused the materials available on record.
7. Without going into the merits of the case, this Court is inclined to pass the following directions:
a) The second respondent is directed to furnish the copy of the documents to the petitioner so as to enable the petitioner to take a xerox copy and to return the same to the second respondent within a period of six weeks. b) The second respondent shall fix the date and time so as to enable the petitioner to visit the second respondent's office in order to take the xerox copy of the said documents.
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In the result, the writ petition stands disposed of with the above observations and direction. No costs.
26.06.2025 smn Index:Yes/No Speaking order:Yes/No To 1.The Joint Registrar of Cooperative Societies, Office of the Joint Registrar of Cooperative Societies, Krishnagiri Region, Krishangiri, Krishangiri District.
2.The Deputy Registrar of Cooperative Societies, Office of the Deputy Registrar of Cooperative Societies, Hosur Circle, Hosur, Krishnagiri District.
3.The Administrator, D.K.122, Krishnagiri District National Engineering Employees Co-op Thrift and Credit Society Limited, Hosur Post and Taluk, Krishagiri District.
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N.MALA, J.
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