Madras High CourtWP(MD)/27641/2022disposed of

Kosalai .C v. The Joint Registrar Of Cooperative Societies

2023-12-14Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.21752 and 21755 of 2022 C.Kosalai ... Petitioner Vs.

1.The Joint Registrar of Cooperative Societies, O/o. The Joint Registrar of Cooperative Societies, Kanyakumari Region, Nagercoil, Kanyakumari District.

2.The Deputy Registrar of Cooperative Societies, O/o. The Deputy Registrar of Cooperative Societies, 3.The Enquiry Officer, Cooperative Sub-Registrar / Development Officer, Integrated Cooperative Development Project, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned inquiry report dated 13.05.2021 submitted by the 3rd respondent and quash the same so far as 1/4

the finding and recommendation made in page Nos.49 and 50 of the inquiry report in respect of initiating disqualification proceeding against me under section 36 of the Tamil Nadu Cooperative Societies Act and consequently forbearing the 1st and 2nd respondents from any way interfering with the function as President of Y.330, Parakkai Primary Agricultural Cooperative Credit Society Ltd.

For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.S.RA.Ramachandran, Addl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner challenges the enquiry report issued under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983. A report is normally not amenable to challenge. Only the consequential action can be questioned. However, in this case, the only allegation made against the petitioner is that instead of collecting Rs.10,000/- as EMD, only a sum of Rs.5,000/- was collected while conducting jewel auction. Though two of the directors of the Board have to sign the minutes, no such signature could be seen in the records. It is further seen that as a 2/4

result, the society was not put to any loss. In fact the successful bidder deposited the entire amount. Since the nature of allegations is not serious and since no loss was caused to the society, even while not interfering with the findings set out in the report, the respondents are restrained from initiating any consequential action against the petitioner on the basis of the impugned report.

3.This writ petition is disposed of with the aforesaid direction. No costs. Consequently, connected miscellaneous petitions are closed. 14.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Joint Registrar of Cooperative Societies, O/o. The Joint Registrar of Cooperative Societies, Kanyakumari Region, Nagercoil, Kanyakumari District.

2.The Deputy Registrar of Cooperative Societies, O/o. The Deputy Registrar of Cooperative Societies, 3/4

G.R.SWAMINATHAN, J.

ias 3.The Enquiry Officer, Cooperative Sub-Registrar / Development Officer, Integrated Cooperative Development Project, 14.12.2023 4/4