Kandasamy v. The District Registrar Of Cooperative Societies
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Kandasamy ... Petitioner -vs1.The District Registrar of Cooperative Societies Office of the District Registrar of Cooperative Societies Karur District 2.The Joint Registrar of Cooperative Societies Office of the Joint Registrar Karur District 3.The Director Directorate of Vigilance and Anti Corruption No.29-3, N.K.N.Road Alandur, Chennai 4.The Deputy Superintendent of Police Directorate of Vigilance and Anti Corruption Department Karur, Karur District 5.R.Subramanian ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 herein to conduct detailed enquiry into the misappropriation of funds of R-357 Cooperative Credit Society, situated at Mudiganam Village, Aravakurichi Taluk, Karur District, by the fifth respondent on the basis of the petitioner's representation dated 12.08.2023 and file a report within a time stipulated by this Court. For Petitioner :
Mr.B.Santhanam Rajesh Kumar For Respondents :
Mr.P.Thilakkumar Government Pleader for R1 & R2 Mr.SS.Madhavan Government Advocate (Crl.Side) for R3 & R4
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents 1 to 4 to conduct a detailed enquiry into misappropriation of funds in R-357 Cooperative Credit Society, Mudiganam Village, Aravakurichi Taluk, Karur District, by the fifth respondent, on the basis of the petitioner's representation dated 12.08.2023 and file a report within a time stipulated by this Court.
2. According to the petitioner, the fifth respondent was the Secretary of R357 Mudiganam Cooperative Credit Society for 20 years. During his period, he misused the entire funds of the Society for his illegal enrichment. He used to gift various loans to his own relatives without proper guarantee or following the procedures and creating forged documents etc. Further, his wife Kannammal was the Village President of Anaipalayam Village. Both the fifth respondent and his wife Kannammal have enriched themselves to the tune of Rs.17 Crores and purchased several immovable properties. Ventilating the same, the petitioner sent a detailed representation to the official respondents on 12.08.2023. However, the same has not been considered sofar. Hence, he has filed this writ petition seeking the relief as stated above.
3. Today, the Inspector of Police, Vigilance and Anti-Corruption, Karur, has filed a status report stating that the Deputy Superintendent of Police, Directorate of Vigilance and Anti Corruption Department / fourth respondent conducted a detailed enquiry into the matter and found that there is no disproportionate of assets made out as against the fifth respondent. The relevant portion of the status report is extracted hereunder:
"18.To sum up the allegation, it is submitted that, the Secretary Tr.R.Subramanian is having 25.90 acres of ancestral agricultural land in P.Anaipalayam Village, Aravakurichi Taluk, Karur District. Out of the said 25.90 acres of agricultural land, 6 acres of land are irrigated land for the past three years and now all the 25.90 acres of land left as dry. Further, it is ascertained that, Tr.R.Subramanian was drawn Rs. 68,000/- as monthly salary as on 31.05.2023. His son Tr.S.Subash and daugther-in-law Tmt.S.Karthika are employed from the year 2014 and 2015 and they are drawing Rs.1,26,000/- and Rs.55,000/- each as monthly salary respectively. All are living together till now.
19.It is submitted that, there is no Disproportionate Assets made out against Tr.R.Subramanian, former Secretary of R357, Mugiganam Primary Agricultural Cooperative Society, Anaipalayam Village, Aravakurichi Taluk, Karur District. Under the above said circumstances, further probe on this petition will not yield any fruitful result in future and hence, further action on this petition was dropped."
4. In view of the above averments made in the status report, no further adjudication is required in this writ petition and the same is, therefore, dismissed. No costs.
[D.K.K., J.] [R.V., J.] 19.02.2024 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.The District Registrar of Cooperative Societies, Office of the District Registrar of Cooperative Societies, Karur District.
2.The Joint Registrar of Cooperative Societies, Office of the Joint Registrar, Karur District.
3.The Director, Directorate of Vigilance and Anti Corruption, No.29-3, N.K.N.Road, Alandur, Chennai.
4.The Deputy Superintendent of Police, Directorate of Vigilance and Anti Corruption Department, Karur, Karur District.
D.KRISHNAKUMAR , J.
and R.VIJAYAKUMAR, J.
krk 19.02.2024