Madras High CourtWP(MD)/19453/2025closed

V.Mohan v. The Deputy Registrar Of Cooperative Societies

2025-07-18Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.19453 of 2025 V.Mohan ... Petitioner Vs.

1.The Deputy Registrar of Co-operative Societies, Office of the Deputy Registrar of Co-Operative Societies, Tirunelveli.

2.The President / Management, TNSPL_120, Kuruvikulam Primary Agricultural Co-Operative Credit Society, represented through its Secretary, 5/77, Bus Stand Street, Kuruvikulam - 627754.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned surcharge Notice in Ni.Ma.No-7/2022-23(1) dated 05.06.2025 of the 1st respondent stay the operation of impugned order and quash the same as illegal herein.

For Petitioner : Mr.Mamtha S For Respondents : Mr.D.Ghandiraj Special Government Pleader 1/4

ORDER

This Petition is disposed of at the time of admission, after hearing the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

2. The petitioner has wrongly approached this Court challenging the impugned notice issued in Form-VI, seeking recovery of a sum of Rs. 19,62,339.85/-, which is the amount due from the petitioner and two others, pursuant to proceedings initiated under the provisions of the Tamil Nadu Cooperative Societies Act. The surcharge order was passed on 20.01.2022.

3. It appears that the petitioner had unsuccessfully challenged the aforesaid order in C.M.A.(C.S.) No.36 of 2022, which was dismissed on 01.03.2023 by the Principal District Judge, Tirunelveli. A revision against the said dismissal is now pending before this Court in C.R.P.(MD) No.1761 of 2023. The petitioner ought to have filed a revision. Instead the present Writ Petition has been filed. The petitioner is therefore permitted to take back the papers with liberty to secure any interim relief in the Civil Revision Petition in C.R.P(MD) No.1761 of 2023 for appropriate orders. 2/4

4. With the above liberty, this Writ Petition is closed. No costs. 18.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Deputy Registrar of Co-operative Societies, Office of the Deputy Registrar of Co-Operative Societies, Tirunelveli.

2.The President / Management, TNSPL_120, Kuruvikulam Primary Agricultural Co-Operative Credit Society, represented through its Secretary, 5/77, Bus Stand Street, Kuruvikulam - 627754.

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C.SARAVANAN, J.

Indu W.P(MD) No.19453 of 2025 18.07.2025 4/4