M.Shanmugam, v. The Registrar Of Cooperative
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.1276 of 2014 1.M.Shanmugam 2.V.Murugesan ... Petitioners Vs.
1.The Registrar of Cooperative Societies, E.V.R.Maaligai, Kilpauk, Chennai.
2.The Joint Registrar of Cooperative Societies, Kajamalai, Mannarpuram, Trichy.
3.The Deputy Registrar of Cooperative Societies, College Road, Vadugapatti, Elango Nagar, Musiri.
4.R.963 Thulaiyanatham Primary Agricultural Cooperative Credit Society, Represented by its President, Thulaiyanatham, Musiri Taluk, Trichy District.
5.Arockianathan Fernandas, Enquiry Officer/C.S.R, R.963 Thulaiyanatham Primary Agricultural Cooperative Credit Society, Thulaiyanatham, Musiri Taluk, Trichy District.
6.Mohan, President, R.963 Thulaiyanatham Primary Agricultural Cooperative Credit Society, Thulaiyanatham, Musiri Taluk, Trichy District.
7.M.Pandiyan 8.S.Murugesan 9.K.V.Selvaraj 10.K.Sivalingam 11.N.Vanathan ..Respondents 1/3
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondents 1 to 3 to direct the fifth respondent to enquire about the allegations of misappropriation relating to the transactions of the fourth respondent cooperative society from the year 2007 by enquiring the respondents 6 to 11 and other erstwhile and present staff members/department officials/Managing Committee and to file a report under Section 81 of the Tamil Nadu Cooperative Societies Act.
For Petitioners : Mr.N.Vijayarajan For R-1 to R-3 : Mr.S.Shanmugavel Additional Government Pleader RR4 to 11 : No Appearance
ORDER
There is no representation on behalf of the writ petitioners. However, since the writ petition is of the year 2014, it will only be appropriate that this Court passes orders disposing of the Writ Petition in the light of the instructions given by Mr.S.Shanmugavel, learned Additional Government Pleader.
2. The writ petitioners seek a Mandamus to direct particularly the third respondent/the Deputy Registrar of Cooperative Societies in Musiri to enquire about allegations of misappropriation by the fourth respondent namely the Thulaiyanatham Primary Agricultural Cooperative Credit Society represented by its President.
3. Mr.S.Shanmugavel had forwarded a report dated 02.05.2014 of the third respondent in which, it had been finally stated that an enquiry had actually been made and necessary action was also been taken. With respect to the acts of misappropriation, it had been finally stated that the Secretary of the Society, S.Murugesan, and the Assistant K.V.Selvaraj and K.Sivalingam and the vendor K.Pushpavalli are all liable for the misappropriation of a sum of Rs.1,20,000/- (Rupees One Lakh and Twenty Thousand only).
4. In view of the fact that a finding had been given by the proper authority, nothing further survives in the Writ Petition.
5. By recording the findings, this Writ Petition is diposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
Nsr/Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Registrar of Cooperative Societies, E.V.R.Maaligai, Kilpauk, Chennai.
2.The Joint Registrar of Cooperative Societies, Kajamalai, Mannarpuram, Trichy.
3.The Deputy Registrar of Cooperative Societies, College Road, Vadugapatti, Elango Nagar, Musiri.
+1 CC to M/s.SPL GP ( SR-34449[F] dated 15/11/2021 ) W.P(MD)No.1276 of 2014 12.11.2021 se(CO) KB(30.11.2021) 3P 5C 3/3