Madras High CourtWP(MD)/15746/2016allowed

Ilamaravaluthy v. The Deputy Registrar

2024-11-19Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : .19.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) Nos.11537 and 11538 of 2016 Ilamaravaluthy .. Petitioner Vs.

The Deputy Registrar, Cooperative Housing Societies, Mani Nagaram, Virudhunagar Zone, Virudhunagar.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call the records relating to the proceedings of the respondent made in Na.Ka.927/2014 Sapa dated 03.05.2016 and the consequential proceedings made in Tha.Va.Ka. 1/2016-17 SaPa - Na.KA. 927/14sapa dated 08.08.2016 and quash the same.

For Petitioner :

Mr.M.Suresh Kumar For Respondent :

Mr.R.Suresh Kumar Additional Government Pleader

ORDER

The challenge in the writ petition is to a surcharge proceedings that is sought to be initiated against the petitioner for the act of commission and omission that had taken place between the period 1996-2001. The same has also been admitted to by the respondent in his counter.

2. The learned counsel appearing on behalf of the petitioner relied upon the proviso to Section 87 of the Tamil Nadu Co-operative Societies Act, 1983, which bars any proceedings under Section 87 beyond the period of seven years when the Act had taken place.

3. In the present case, it is also admitted by the respondent that only during the period between 31.10.1996 and 24.05.2001, there had been some illegalities committed by the named persons in the notice under Section 87. When that be so, proviso to Section 87 of the Tamil Nadu Co-operative Societies Act clearly bars that proceedings being initiated against the petitioner. Hence, the notice issued by the

respondent and the consequential proceedings impugned in this writ petition are quashed.

4. In fine, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 19.11.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To The Deputy Registrar, Cooperative Housing Societies, Mani Nagaram, Virudhunagar Zone, Virudhunagar.

K.KUMARESH BABU, J.

abr Dated: 19.11.2024