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Madras High CourtWP/48628/2025disposed of with direction

R.Seerangan v. The Registrar Of Co-Operative Societies

2025-12-16Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2025

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.Nos.54291, 54292 & 54293 of 2025 R.Seerangan ... Petitioner Vs.

1.The Registrar of Co-Operative Societies, Office of the Registrar of Co-Operative Societies, NV Natarjan Maligai, No.170, Periyar EVR Nagar, Kilpauk, Chennai - 600 010.

2.The Joint Registrar of Co-operative Societies, Salem Region, Salem District.

3.The Deputy Registrar of Co-operative Societies, Omalur Circle, Omalur, Salem District.

4.The Co-operative Sub Registrar/Filed Officer/Enquiry Officer, S.M.84, JSW Steel Employees Co-operative Thrift and Credit Society Ltd., Pottaneri, Salem District.

5.The Administrator, S.M.84, JSW Steel Employees Co-operative Thrift and Credit Society Ltd., Pottaneri, Salem District.

... Respondents PRAYER: Writ Petitions filed under Article 226 of Constitution of India, for issuance of Writ of Certiorarified Mandamus calling for the records from the third respondent in his proceedings in Na.Ka.No.1574/2024 sapa. dated 31.10.2025 and in Na.Ka.No.3143/2024 sa.pa dated

05.11.2025 to quash the same is illegal, arbitrary and unconstitutional and consequently direct the first respondent to appoint any one of the Deputy Registrar and to conduct an Re-Audit from the year 2014-2015 to 20232024 maintained by the fifth respondent society in connection with E.P.No.1/2024-2025 dated 06.05.2024 and E.P.No.1/2024-2025 dated 17.05.2024 on the file of the third respondent. For Petitioner : Mr.I.Abrar Mohamed Abdullah For Respondents 1 to 3 : Mr.R.Neelakandan, Additional Advocate General Assisted by, Ms.M.Geetha Thamaraiselvan Special Government Pleader For Respondents 4 & 5 : Mr.P.S.Sivashanmugasundaram

O R D E R

This writ petition is filed to call for the for the records from the third respondent in his proceedings in Na.Ka.No.1574/2024 sapa. dated 31.10.2025 and in Na.Ka.No.3143/2024 sa.pa dated 05.11.2025 to quash the same is illegal, arbitrary and unconstitutional and consequently direct the first respondent to appoint any one of the Deputy Registrar and to conduct a Re-Audit from the year 2014-2015 to 2023-2024 maintained by the fifth respondent society in connection with E.P.No.1/2024-2025 dated 06.05.2024 and E.P.No.1/2024-2025 dated 17.05.2024 on the file of the third respondent.

2. The case of the petitioner is that the petitioner was initially appointed as Assistant Secretary/Manager in the Mecheri Primary Agricultural Co-operative Society, Salem District in the year 1983 and thereafter, he was promoted as Manager and Accountant in the year 1989 and further absorbed as Secretary in JSW Steel Employees Co-operative Thrift and Credit Society on 14.07.2006. Later, he was permitted to retire from service on 31.05.2019. Whileso, an enquiry was conducted under Section 81 of Tamil Nadu Co-operative Societies Act, 1983 by the second respondent and an order was passed on 25.04.2024. Based on the enquiry report, the second respondent issued the summons to the petitioner and others.

In the summons issued to the petitioner, various acts of misappropriation committed by the petitioner resulting in loss of the Society's funds to the tune of Rs.11,99,38,365/- under thirteen heads for the period from 01.04.2013 to 31.03.2022 were mentioned. 2.1. Challenging the said summons, the petitioner has filed a writ petition in W.P.No.20945 of 2025, which was disposed of by this Court on 26.08.2025 and directed the petitioner to give explanation to the said summons. Pursuant to which the petitioner has submitted his explanation.

respondent rejected the same vide proceedings in Na.Ka.No.1574/2024 sapa. dated 31.10.2025 and issued another summon in Na.Ka.No.3143/2024 sa.pa. Dated 05.11.2025. Challenging the said proceedings, the petitioner has come forward with the present writ petition.

3. Learned counsel for the petitioner would submit that this Court in W.P.Nos.20945 & 23475 of 2025 dated 26.08.2025, issued a direction to the respondents to conduct an enquiry and pass appropriate orders, on receipt of explanation to the summons issued by them. However, documents relied by the respondents in the surcharge proceedings were not furnished to the petitioner. Hence, this Court may direct the respondents to furnish the relied documents to the petitioner and thereafter, conclude the surcharge proceedings.

4. Learned Additional Advocate General appearing for the respondents would submit that the documents, which were relied on by the respondents will be furnished to the petitioner, within a period of four weeks from the date of receipt of a copy of this order and the surcharge proceedings will be concluded in the manner known to law.

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

6. Considering the limited relief sought by the learned counsel for the petitioner, this Court without interfering the order impugned, directs the third respondent to conclude the surcharge proceedings, as expeditiously as possible, after furnishing the documents relied on and providing an opportunity of hearing to the petitioner. With the aforesaid direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 16.12.2025 vm Index: Yes/No Internet: Yes/No Speaking Order/Non-speaking order

M.DHANDAPANI, J.

vm To 1.The Registrar of Co-Operative Societies, Office of the Registrar of Co-Operative Societies, NV Natarjan Maligai, No.170, Periyar EVR Nagar, Kilpauk, Chennai - 600 010.

2.The Joint Registrar of Co-operative Societies, Salem Region, Salem District.

3.The Deputy Registrar of Co-operative Societies, Omalur Circle, Omalur, Salem District.

4.The Co-operative Sub Registrar/Filed Officer/Enquiry Officer, S.M.84, JSW Steel Employees Co-operative Thrift and Credit Society Ltd., Pottaneri, Salem District.

5.The Administrator, S.M.84, JSW Steel Employees Co-operative Thrift and Credit Society Ltd., Pottaneri, Salem District.

W.P.No.48628 of 16.12.2025