Madras High CourtWP(MD)/14969/2016disposed of

G.Kannan v. Joint Registrar Of Cooperative

2016-08-16Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2016

CORAM

THE HONOURBLE MR.JUSTICE T.RAJA W.P(MD). No.14969 of 2016 and W.M.P.(MD).No.11032 of 2016 G.Kannan ...

Petitioner

Versus

1.Joint Registrar of Cooperative Societies, Virudhunagar Region, Virudhunagar.

2.The Deputy Registrar of Cooperative Societies, Srivilliputhur Circle, Srivilliputhur, Virudhunagar District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned notice in Form No.9, dated 11.07.2016 issued by the second respondent and quash the same and consequently, forbearing the respondents from taking any further action in pursuance of the surcharge decree vide Na.Ka.No.4942/2009 Sa.Pa. dated 28.11.2011 until disposal of the C.M.A(CS)No.7 of 2012 on the file of the Cooperative Tribunal (Principal District Court), Virudhunagar District at Srivilliputhur.

For petitioner : Mr. D.Shanmugaraja Sethupathy For respondents: Mr. T.R.Janarthanam A.G.P

O R D E R

G.Kannan, S/o Late P.Gnanasundara Reddiyar, who was elected as a President of SP.SPL 69 Kollapatti Primary Agricultural Cooperative Credit Society, for the period from 01.01.1996 to 24.05.2001, suffered surcharge proceedings initiated under Section 87 of the Tamil Nadu Co-operative Societies Act, and the Deputy Registrar of Cooperative Societies, Srivilliputhur, passed an order on 28.11.2011 directing the petitioner's father for payment of Rs.1,59,254/-. After the said order was passed, his father died

on 03.04.2012, therefore, the petitioner has preferred an appeal in C.M.A(CS)No.7 of 2012, on the file of the Co-operative Tribunal (Principal District Court), Virudhunagar District at Srivilliputhur and the same is pending. While so, without even considering the stay application, that has also been moved along with C.M.A., recovery proceedings have been ordered, hence, the petitioner has come to this Court challenging the same.

2. Learned counsel appearing for the petitioner would submit that when the C.M.A(CS)No.7 of 2012 has been filed by the petitioner challenging the correctness of the order, dated 28.11.2011, passed by the second respondent/Deputy Registrar of Co-operative Societies and stay application is also pending for consideration, without even considering the stay application, the impugned recovery proceedings ought not to have been issued. Otherwise the pending CMA would become infructuous.

3. Learned Additional Government Pleader appearing for the respondents agreeing with the submission of the learned counsel for the petitioner that during the pendency of the Civil Miscellaneous Appeal, recovery proceedings ought not to have been passed, requests this Court to dispose of the writ petition with a direction to the learned Co-operative Tribunal (Principal District Court), Virudhunagar District at Srivilliputhur, to dispose of the pending C.M.A(CS)No.7 of 2012, on merits and in accordance with law, expeditiously.

4.This Court is finding merits on his submissions. 5.Considering the fact that the petitioner's CMA filed against the correctness of the order dated 28.11.2011 passed by the second respondent, is pending for consideration along with stay application and no order has been passed on the stay application filed by the petitioner, this Court is of the view that the impugned order or recovery passed by the second respondent, if not set aside, will make the pending CMA infructuous, the same is set aside and the Co-operative Tribunal (Principal District Court), Virudhunagar District at Srivilliputhur, is hereby directed to take up the pending CMA(CS)No.7 of 2012 and dispose of the same on merits and in accordance with law, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar

To 1.Joint Registrar of Cooperative Societies, Virudhunagar Region, Virudhunagar.

2.The Deputy Registrar of Cooperative Societies, Srivilliputhur Circle, Srivilliputhur, Virudhunagar District. +1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate, SR No. 44513 W.P(MD). No.14969 of 2016 and W.M.P.(MD).No.11032 of 2016 16.08.2016 skn SH/PV-MPA/SAR-I:18.08.2016:3P/4C