P.K. Gurusamy, v. The Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.08.2017 CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.13883 of 2017 P.K.Gurusamy ... Petitioner Vs.
1.The Secretary, Food and Co-op. Department, Chennai - 9.
2.The Registrar of Co-op Societies, Kilpauk, Chennai - 10.
3.The Joint Registrar of Co-op Societies, Collectorate Complex, 4.The Deputy Registrar of Co-op Societies, Srivilliputhur Circle, Srivilliputhur.
5.The President, Sp.Spl.99 Kosukundu Primary Agriculture Co-op Credit Societu, Kosukundu, Sattur Taluk, Virudhunagar District.
6.The District Collector, 7.C.Gurumurthy, Joint Registrar of Co-op. Societies, Virudhunagar District, Virudhunagar.
8.N.Dilipkumar, Deputy Registrar of Co-op. Societies, Srivilliputhur.
9.Ayyanar, Co-op Sub Registrar/Inspection Officer, Office of the Deputy Registrar of Co.op Societies, Srivilliputhur.
10.D.Durgaiuandi 11.P.Pitchai Mariappan, Secretary, Sp. Spl.99 Kosukundu Primary Agriculture Co-op. Credit Society, Kosukundu, Sattur Taluk.
12.P.Manikandan, Village Administrative Officer, Kosukundu Village, Sattur Taluk.
13.The Managing Director, Virudhunagar District Central Co-op Bank, 14.The Assistant Director of Co-op Audit, ... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to examine the Drought Relief and Agriculture Loan waiver schemes by Registrar of Co-op. Societies Office Squad and assess the quantum of misappropriation and to recover the alleged misappropriated amount from the 11th respondent and paid to the beneficiaries or remit into Government Account.
For Petitioner : Mr.M.Rajendran For Respondents : Mr.M.Govindan, Spl.G.P. For RR1 to 6 Mr.D.Shanmugarajasethupathi for 13
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner alleges that the 11th respondent herein had indulged in misappropriation of the funds of the Virudhunagar District Central Co-operative bank. The 11th respondent is alleged to have indulged in irregularities while implementing the Drought Relief and Agriculture Loan waiver schemes. The writ petitioner has given several representations in this regard to the Registrar of Cooperative Societies. Some of them dated 17.11.2016, 30.12.2016 and 27.01.2017 are enclosed in the typed set of papers. 2.The allegations made in the writ petition are serious. They definitely warrant an enquiry by the second respondent. The second respondent has the statutory responsibilities to ensure that all the Co-operative societies in the State of Tamil Nadu function in accordance with law. If any allegation of misappropriation or defalcation of public funds is made, the second respondent ought to look into the same.
3.In this case, number of representations have been submitted by the writ petitioner. In fact, the representations are full of factual details. They cannot be casually brushed aside. We therefore direct the second respondent to enquire into the matter and take appropriate decision in accordance with law. The second respondent shall take into account the materials furnished by the writ petitioner before this Court in the form of typed set of papers. The second respondent is directed to dispose of the writ petitioner's representations dated 17.11.2016, 30.12.2016 and 27.01.2017 and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order.
4.The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Secretary, Food and Co-op. Department, Chennai - 9.
2.The Registrar of Co-op Societies, Kilpauk, Chennai - 10.
3.The Joint Registrar of Co-op Societies, Collectorate Complex, 4.The Deputy Registrar of Co-op Societies, Srivilliputhur Circle, Srivilliputhur.
5.The President, Sp.Spl.99 Kosukundu Primary Agriculture Co-op Credit Societu, Kosukundu, Sattur Taluk, Virudhunagar District.
6.The District Collector, +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 72702 +1cc to Mr.D.SHANMUGARAJA SETHUPATHI Advocate in SR. No.72080 SKM/ARUL JS/GT/SAR.4/04.09.2017/3P-9C order made in W.P(MD)No.13883 of 2017 10.08.2017