Rakkusamy v. The District Registrar (Co-Operative Societies)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)No.23434 of 2025 Rakkusamy .. Petitioner Vs.

1.The District Registrar (Co-operative Societies), Paramakudi, Ramanathapuram District.

2.The Deputy Registrar, Co-operative Societies, Ramanathapuram.

3.The Inspector of Police, CCIW Police Station, Ramanathapuram District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records relating to the impugned proceedings issued by the 2nd respondent in form 6 dated 23.09.2025 and quash the same as being illegal.

For Petitioner : Mr.J.Vishnu For R1 & R2 : Mr.A.Kannan Additional Government Pleader For R3 : Mr.S.Prakash Government Advocate(Crl.Side)

ORDER

This writ petition has been filed for the following relief : "To to call for the records relating to the impugned proceedings issued by the 2nd respondent in form 6 dated 23.09.2025 and quash the same as being illegal."

2. The case of the petitioner is that while he serving as the Secretary of Peykulam Primary Agricultural Co-operative Credit Society, enquiry has been conducted under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983 for the period 2015-16. Based on the said enquiry, an allegation regarding the misappropriation of funds has been made against the petitioner which culminated in filing of a criminal case in Crime No.2 of 2018 for the offences under Sections 408, 409, 465, 468, 471, 477A, 420 and 109 of IPC. Subsequently, final report has been

filed before the Judicial Magistrate No.I, Ramanathapuram in C.C.No. 208 of 2018 and the same is pending. Meanwhile, notice under form 6, dated 23.09.2025 initiating confiscation proceedings on the same set of allegations, has been issued. Challenging the same, the petitioner is before this Court.

3. Heard the learned counsels on either side.

4. When the matter is taken up for hearing today, the petitioner has filed an undertaking affidavit not to alienate, mortgage, lease, gift or in any other manner encumber the properties detailed in the schedule to this affidavit. The affidavit reads as follows:

5. Recording the same, the impugned order, dated 23.09.2025 is quashed and the Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

06.11.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The District Registrar (Co-operative Societies), Paramakudi, Ramanathapuram District.

2.The Deputy Registrar, Co-operative Societies, Ramanathapuram.

3.The Inspector of Police, CCIW Police Station, Ramanathapuram District.

P.T.ASHA, J.

gbg 06.11.2025