Murugan M v. The Administrator

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/11/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and WMP(MD)No.6903 of 2025 Murugan M ... Petitioner Vs The Administrator, Mu 8 Usilampatty Agricultural Producer Co-Op. Marketing Society Limited, Usilampatti, Madurai District.

... Respondent PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the Respondent in his impugned order dated 31.12.2024 and quash the same as illegal in respect of the petitioners retirement benefit will be disbursed only on the outcome of the u/s 81 enquiry is concerned and consequently directing the respondent to disburse the retirement benefits within stipulated time without initiating the pendency of the u/s 81 enquiry. 1/4

For Petitioner : Mr. C.Jeganathan, Advocate.

For Respondent : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

This Writ Petition is filed to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the Respondent in his impugned order dated 31.12.2024 and quash the same as illegal in respect of the term that the petitioners retirement benefits will be disbursed only on the outcome of the u/s 81 enquiry is concerned and consequently directing the respondent to disburse the retirement benefits within stipulated time without initiating the pendency of the u/s 81 enquiry.

2. The petitioner who had been superannuated as early as on 31.12.2024 had not been benefited with the terminal benefits on the ground that under Section 81 of the Co-operative Societies Act, 1983, enquiry is pending against him. The Hon'ble Division Bench of this Court in W.A.(MD)No.818 of 2024 dated 04.06.2024 had held that the terminal benefits of the person who have attained superannuation, cannot 2/4

be with held. An enquiry made under Section 81 of the Co-operative Societies Act, 1983, would entitle the Co-operative Society to initiate surcharge proceedings under Section 87 of the Tamil Nadu Cooperative Societies Act, and if any recovery order is passed under Section 87(2) of the Tamil Nadu Cooperative Societies Act, recovery can be made only under the provisions of the Tamil Nadu Revenue Recovery Act, 1864.

3. Therefore, the condition imposed on the order permitting him to retire, alone is quashed and the respondent is directed to disburse the terminal benefits to the petitioner within a period of 12 weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition stands closed. 03.11.2025 NCC : yes /no Index : yes / no Internet : yes / no pnn K.KUMARESH BABU, J.

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pnn To The Administrator, Mu 8 Usilampatty Agricultural Producer Co-Op. Marketing Society Limited, Usilampatti, Madurai District.

ORDER

IN and WMP(MD)No.6903 of 2025 Date : 03/11/2025 4/4