P.N.Murugesan v. The Industries Commissioner And

2025:MHC:2952

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and C.M.P.No.1416 of 2023 P.N.Murugesan ... Appellant Vs.

1. The Industries Commissioner and Director of Industries and Commerce, Chepauk, Chennai.

2. The General Manager, District Industries Centre, No.2, Raja Street, Ganapathy, Coimbatore - 641 006.

3. ,The Special Officer, The Sakthi Cooperative Industries Estate Ltd., Pollachi - 642 003.

... Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent Act against the order dated 29.07.2022 passed by this Court in W.P.No.2321 of 2012 dated 29.07.2022.

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For Appellant : Mr.J.Ashwin for Mr.M.Velmurugan For Respondents : Mr.A.Selvendran, Spl.Govt.Pleader for R1 Mr.A.Arumugam for Mrs.C.Meera Arumugam for R2 and R3

JUDGMENT

S.M.SUBRAMANIAM,J.

The order passed by the General Manager, District Industries Centre dated 11.01.2012 was under challenge in the writ proceedings before the learned single Judge.

2. An Industrial plot was allotted to the appellant and he committed default in repayment. Action was taken by taking possession. The respondents provided an opportunity to settle the dues and the appellant failed. Thereafter, the proceedings of the District Industries Centre came to be challenged. The allotment was made admittedly, through the 3rd respondent, which is the Co-operative Societies, registered under the provisions of Tamil Nadu Co-operative Societies Act. Since the dues are to be recovered through the Cooperative Society and the appellant being a member, the dispute is to be adjudicated before the competent authority 2/5

under the Tamil Nadu Cooperative Societies Act. Section 90 of the Act provides for resolving the disputes and the learned single Judge also reiterated that the petitioner has to exhaust the remedy contemplated under the Tamil Nadu Societies Act.

3. Disputed issues relating to loan transaction cannot be adjudicated in writ proceedings by the High Court. Such adjudication requires scrutinization of original documents and evidences. Therefore, the appellant has to approach the competent authority under the Tamil Nadu Cooperative Societies Act for effective adjudication of issues. Thus, this Court does not find any infirmity in respect of the writ order impugned and consequently, the same stands confirmed and the Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (C.K.,J.) 16.12.2025 vsi Index:Yes/No Speaking/Non-speaking order 3/5

To

1. The Industries Commissioner and Director of Industries and Commerce, Chepauk, Chennai.

2. The General Manager, District Industries Centre, No.2, raja street, ganapathy, Coimbatore - 641 006.

3. ,The Special Officer, The Sakthi Cooperative Industries Estate Ltd., Pollachi - 642 003.

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S.M.SUBRAMANIAM,J.

and C.KUMARAPPAN,J.

Vsi 16.12.2025 5/5