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Madras High CourtWA(MD)/1404/2025dismissed

The President v. R.Pappathi Ammal

2025-07-29Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice K.Rajasekar5 pages

1 W.A.(MD)NO.1404 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.A.(MD)No.1404 of 2025 AND C.M.P.(MD)No.8395 of 2025 The President, SP.SPL.151, Pattamangalam Primary Cooperative Credit Societies, Pattamangalam, Virudhunagar District.

... Appellant / 3rd Respondent Vs.

1. R.Pappathi Ammal ... 1st Respondent / Writ petitioner

2. The Deputy Registrar of Cooperative Societies, Aruppukkottai, Virudhunagar District.

3. The Sub Registrar, Veeracholan Sub-Registrar Office, Veeracholan-626 612, Virudhunagar District. ... Respondents 2 & 3 / Respondents 1 & 2 Prayer: Writ appeal filed under Section 15 of Letter Patent, to set aside the order passed by this Court in W.P.(MD)No.22812 of 2016 dated 06.01.2025 and dismiss the writ petition. 1/4

2 W.A.(MD)NO.1404 OF 2025 (in both W.As.) For Appellant : Mr.D.Shanmugaraja Sethupathi For R-1 : Mr.T.Lajapathi Roy, Senior Counsel, for M/s.Roy and Roy Associates.

For R-2 & R-3 : Mr.N.Sathesh Kumar, Additional Government Pleader.

* * *

J U D G M E N T

Heard both sides.

2. One R.S.R.Venkadachalam was the Secretary of the appellant Society. He is said to have misappropriated the funds of the Society to the tune of more than Rs.2 Crores. Surcharge order has been passed. While so, attachment order under Section 167 of the Tamil Nadu Cooperative Societies Act was passed against the writ petitioner who is the mother of the said R.S.R.Venkadachalam. It is beyond dispute that the attached property is standing in the name of the writ petitioner for the last several decades. Obviously, it has not been purchased out of the funds siphoned off from the Society. Therefore, the learned single Judge rightly set aside the attachment order and 2/4

3 W.A.(MD)NO.1404 OF 2025 allowed the writ petition filed by the mother of R.S.R.Venkadachalam. Interference is not warranted. This writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 29th July 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The Deputy Registrar of Cooperative Societies, Aruppukkottai, Virudhunagar District.

2. The Sub Registrar, Veeracholan Sub-Registrar Office, Veeracholan-626 612, Virudhunagar District.

3/4

4 W.A.(MD)NO.1404 OF 2025 G.R.SWAMINATHAN, J.

AND K.RAJASEKAR, J.

PMU W.A.(MD)No.1404 of 2025 29.07.2025 4/4

5 W.A.(MD)NO.1404 OF 2025 5/4