K.Parameswari v. The Deputy Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-01-2026

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and WMP Nos. 55754 and 55755 of 2025 K.Parameswari Petitioner(s) Vs

1. The Deputy Registrar of Cooperative Societies/ Arbitrator, Ranipet Circle, Ranipet, Ranipet District.

2.The Administrator V.L.Thani.59, Sirukarumbur Primary Agricultural Cooperative Credit Society, Sirukarumbur 632 531, Nemili Taluk, Ranipet district.

Respondent(s) PRAYER calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Tha.Thi. 01/ 2023-2024-Na.Ka.No. 3315/ 2025 Sa.Pa dated 18.06.2024 and quash the same and pass For Petitioner(s):

Mr.C.Prakasam For Respondent(s):

Mr.L.S.M.Hasan Fizal, AGP (R2)

O R D E R

The petitioner is a former President of the 2nd respondent Society. He was the President between the years 2018 and 2022. Alleging that there were financial irregularities, proceedings were initiated against the petitioner under Section 87 of the Tamil Nadu Co-operative Societies Act. The petitioner states 1/4

that the orders were passed on 18.06.2024, but were not communicated to him at all. He states that he came to know about the order only when Form-6 was issued on him only on 06.08.2025. With great difficulty, he managed to obtain a copy of the order and he has filed the present writ petition.

2. I heard Mr.C.Prakasam for the petitioner and Mr.E.P.Senniyangiri for R1 and Mr.L.S.M.Hasan Fizal representing Mr.S.Arumugam for R2.

3. An order passed under Section 87(1) of the Tamil Nadu Co-operative Societies Act, 1983, during surcharge proceeding, is amenable to an appeal before the Co-operative Tribunal under Section 152(1)(a) of the Act.

4. The grievance of the petitioner is that the surcharge order was not served on him at all.

5. An order passed by an authority and kept on the file cannot be treated as an executable order. The order gets vitality only when it is served.

6. The allegation of the petitioner is that he came to know about the order only when Form-6 was served on him on 06.08.2025. Hence, this writ petition is disposed of with the following directions:- 2/4

(i) The petitioner is at liberty to file an appeal before the Principal District Judge-cum-Cooperative Tribunal at Ranipet, within a period of 30 days from today.

(ii) As the order copy has not been served on the petitioner, in case the appeal is filed within the aforesaid period, the learned Principal District Judge at Ranipet shall number the Civil Miscellaneous Appeal without insisting upon the application to condone the delay in filing appeal;

(iii) On the appeal being numbered, the petitioner may move the learned Principal District Judge for appropriate orders seeking stay;

(iv) The petitioner not having been served with the order copy, the appeal will be filed along with the photostat copy of the order. (v) It is open to the 1st and 2nd respondents to plead before the Principal District Judge at Ranipet that the order was not only passed, but also communicated to the petitioner. Consequently, connected Miscellaneous Petitions are closed. No costs. 05-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Maya 3/4

V. LAKSHMINARAYANAN, J.

Maya W.P. No. 49876 of 2025 Dated : 05.01.2026 4/4