G.Lal Bahadur Murugan v. The Co Operative Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN G.Lal Bahadur Murugan ... Petitioner /vs./ 1.The Cooperative Sub Registrar/Superintendent-1, Tamil Nadu Cooperative Societies Sub Registrar Office, Under Section 81 Enquiry Officer, K.T.N.Kasim Centre, 2nd Floort, Salat Street, Ramanathapuram Street.

2.Deputy Registrar of Cooperative Societies, O/o. Deputy Registrar of Cooperative Societies, K.T.M.Kasim Centre, Ramanathapuram Street.

3.The Schwatz Higher Secondary School, Employees Cooperative Thrift and Credit Society, Ramanathapuram.

(R3 has been suo motu impleaded by this Court on 14.06.2024) ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to furnish photo copy of the documents 1) Bill Books, 2) Susbairy day book, 3) Cash Book, 4) Members Medium Term Loan Leger, 5) Members Loan Disbursement Leger based on the explanation dated 18.09.2017 and the petitioner's representation dated 11.09.2017.

For Petitioner : No appearance For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader

ORDER

There is no representation on behalf of the petitioner. 2.The petitioner has filed this writ petition for a Mandamus to direct the first respondent to furnish the following documents, based on the explanation dated 18.09.2017 and the petitioner's representation dated 11.09.2017. "1) Bill Books,

2) Susbairy day book,

3) Cash Book,

4) Members Medium Term Loan Leger and

5) Members Loan Disbursement Leger"

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3.The learned Additional Government Pleader for the respondents would submit that the documents are not available either with the first respondent or with the second respondent, namely the Disciplinary Authority. He would submit that the documents if at all may be available with RR-1397, Schwatz Higher Secondary School, Employees Cooperative Thrift and Credit Society, Ramanathapuram.

4.It appears that the petitioner is facing disciplinary proceeding pursuant to the surcharge proceeding under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983. The petitioner may require the documents, but however has not impleaded the aforesaid Society.

5.Considering the same, the aforesaid Society is suo motu impleaded by this Court as third respondent.

6.The third respondent is directed to furnish the documents that are required by the petitioner, if the same are available, on payment of necessary charges within a period of 8 weeks from the date of receipt of a copy of this order 3/5

to the petitioner.

7.With the above directions, the Writ Petition stands dismissed. No costs. Index : Yes / No 14.06.2024 Internet : Yes / No mm To 1.The Cooperative Sub Registrar/Superintendent-1, Tamil Nadu Cooperative Societies Sub Registrar Office, Under Section 81 Enquiry Officer, K.T.N.Kasim Centre, 2nd Floort, Salat Street, Ramanathapuram Street.

2.Deputy Registrar of Cooperative Societies, O/o. Deputy Registrar of Cooperative Societies, K.T.M.Kasim Centre, Ramanathapuram Street.

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C.SARAVANAN, J.

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