S.Sankaranarayanan v. The Registrar Of Cooperative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.15311 of 2025 S.Sankaranarayanan ... Petitioner Vs.

1.The Registrar of Cooperative Societies, O/o. The Registrar of Cooperative Societies, 170, Periyar E.V.R. High Road, Kilpauk, Chennai.

2.The Deputy Registrar of Cooperative Societies, O/o. the Deputy Registrar of Cooperative Societies, Cheranmahadevi, Tenkasi District.

3.The Administrator, EE428, Donavoor Primary Agricultural Cooperative Credit Society, Donavoor, Nanguneri Taluk, Tirunelveli District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned surcharge order vide Tha.Va.1/2013-14 dated 18.03.2025 passed by the second respondent and quash the same. 1/5

For Petitioner : Mr.S.Balamurugan For Respondents : Mr.D.Ghandiraj Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned surcharge order dated 18.03.2025 passed by the second respondent.

2. The learned counsel for the petitioner submits that although there was no order passed by this Court in CRP(MD)No.1294 of 2016 etc., batch vide order dated 13.08.2024, the impugned order has been passed against all the delinquents, who had earlier suffered an order under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983 on 26.12.2014 bearing reference Tha.Va.No.1/2013-14.

3. It appears that in CRP(MD)Nos.1294 of 2016etc., batch, a challenge was made to the order passed by the learned Principal District Judge, Tirunelveli on 08.03.2016 in CMA(CS)No.918 of 2015 at the behest of one Veeramani, who was co-delinquent proceeded under Section 87 of the Act on 26.12.2014 by the second respondent. It is evident that the petitioner was not a party to the aforesaid proceedings. However, a fresh order has been passed 2/5

against the petitioner also even though the petitioner has not challenged the earlier proceedings passed under Section 87 of the Act on 26.12.2014 by the second respondent.

4. On being pointed out that there was no order passed by this Court remanding the case, as far as the petitioner is concerned, the petitioner is now seeking liberty to work out remedy against the earlier order passed on 26.12.2014, bearing Tha.Va.No.1/2013-14 and for consequential challenge to the impugned order in the manner known to law. If the petitioner challenges the aforesaid order, the concerned authority shall entertain the application without reference to the period of limitation and dispose of the same on its own merits and in accordance with law.

5. The writ petition stands disposed of with the above liberty. No costs. Consequently, the connected miscellaneous petition is closed. 23.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 3/5

Note:Registry is directed to return the original impugned order copy to the learned counsel for the petitioner.

To 1.The Registrar of Cooperative Societies, O/o. The Registrar of Cooperative Societies, 170, Periyar E.V.R. High Road, Kilpauk, Chennai.

2.The Deputy Registrar of Cooperative Societies, O/o. the Deputy Registrar of Cooperative Societies, Cheranmahadevi, Tenkasi District.

3.The Administrator, EE428, Donavoor Primary Agricultural Cooperative Credit Society, Donavoor, Nanguneri Taluk, Tirunelveli District.

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C.SARAVANAN, J.

sn W.P(MD).No.19879 of 2025 23.07.2025 5/5