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Madras High CourtWA(MD)/2855/2025closed

P.V.Jasperpaul v. The Registrar Of Co-Operative Societies

2025-10-27Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and C.M.P(MD)No.15944 of 2025 P.V.Jasperpaul ...Appellant /Vs./ 1.The Registrar of Cooperative Societies, NVN-Natarajan Maligai, No.170, Periyar EVR High Road, Kilpauk, Chennai-600 010.

2.The District Collector, Nagercoil, Kanyakumari District.

3.The Joint Director of Cooperative Societies, Nagercoil, Kanyakumari District.

4.The Deputy Registrar of Cooperative Societies, Thuckalay, Kanyakumari District.

5.Y.170, Thazhakanvilai, Primary Agricultural Cooperative Credit Society Ltd., Rep.by its Secretary, Thazhakanvilai, Mullanginavilai Post, Kanyakumari District.

6.M.Sathyaraj 7.C.Sasikumar 1/5

8.B.Pramila Jeyarani 9.G.Amutha Mary ... Respondents PRAYER:- Writ Appeal - filed under Clause 15 of the Letters Patent, to set aside the order dated 09.04.2025 in W.P.(MD)No.10036 of 2025. For Appellants : Mr.C.Kishore For R1 to R4 : Mr.M.Sarangan Additional Government Pleader

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) Read this order in continuation and in conjunction with our earlier order dated 25.09.2025, which reads thus: "Prima facie we find no infirmity in order dated 09.04.2025. 2.The prayer of the appellant is for a mandamus directing the Co-operative Societies and the State Officials to complete the surcharge proceedings initiated by the Deputy Registrar of Cooperative Societies and for initiation of criminal action as against the private respondents in a time bound manner.

5.When the writ petition had come up for admission, the learned Additional Government Pleader had brought to the notice of the Court that Departmental proceedings under Section 87 of the Tamil Nadu Cooperative Societies Act, 1983 had already been initiated and recording the same, the writ petition had been dismissed as the learned Single Judge was of the view that it has been rendered infructuous. 6.Solely to ensure that the statement recorded is not an empty formality, we adjourn this matter to 07.10.2025 to report the stage of departmental proceedings and all other proceedings initiated as against the private respondents."

2.Today, the learned Additional Government Pleader reports as follows. As regards the first limb of the writ prayer for a direction to the 2/5

respondent to complete the surcharge proceedings, the same has been completed as early as on 20.11.2024 and attachment order has also been passed. As regards the second limb of the prayer for initiation of criminal action, the learned Additional Public Prosecutor has given an opinion on 25.10.2024, a copy of which has been supplied to us, to the effect that no case is made out for initiation of criminal action. With regard to third limb, for action under Section 36 of the Tamil Nadu Cooperative Societies Act, reference has been made to the Joint Registrar of Cooperative Societies as early as on 24.06.2024 and proceedings are stated to be ongoing to explore the same. Hence, let the proceedings be completed within a period of sixteen (16) weeks from the date of issuance of a copy of this order.

3.With this, this writ appeal is closed. No costs. Consequently, connected miscellaneous petition is closed.

[A.S.M.J.,] & [C.K.J.,] 27.10.2025 NCC :Yes/No Index :Yes/No Internet :Yes ta 3/5

To 1.The Registrar of Cooperative Societies, NVN-Natarajan Maligai, No.170, Periyar EVR High Road, Kilpauk, Chennai-600 010.

2.The District Collector, Nagercoil, Kanyakumari District.

3.The Joint Director of Cooperative Societies, Nagercoil, Kanyakumari District.

4.The Deputy Registrar of Cooperative Societies, Thuckalay, Kanyakumari District.

4/5

DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ta 27.10.2025 5/5