S.Kamaraj v. The Registrar Of Cooperative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2025 CORAM :

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and W.M.P.(MD).Nos.23517 & 23518 of 2025 S.Kamaraj

...Petitioner

-Vs1. The Registrar of Cooperative Societies No.170, N V Natarajan Maaligai Periyar, EVR High Road, Poonamallee High Road, Kilpauk, Chennai - 600010

2. The Deputy Registrar Of Cooperative Societies Lalgudi Region, Tiruchirappalli District.

3.The Administrator Ty.Spl.54, Alangudi Mahajanam Primary Agricultural Cooperative Credit Society Ltd.

Anbil(Post), Lalgudi Taluk Tiruchirappalli District.

4. S.Abubackar Cooperative Sub Registrar/Administrator Ty.Spl.54 Alangudi Mahajanam Primary Agricultural Cooperative Credit Society Ltd. Anbil(Post) Lalgudi Taluk Tiruchirappalli District.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records in connection with the impugned charge memo issued by the 3rd respondent in his proceedings nil dated 14.05.2025 and quash the same as illegal ad ultravires.

For petitioner : Mr.K.Gurunathan For Respondent Nos.1 to 3 : M/s.F.Deepak Special Government Pleader

ORDER

This writ petition is filed challenging the impugned charge memo issued by the 3rd respondent in his proceedings dated 14.05.2025.

2. The learned Counsel for the petitioner would submit that the impugned proceedings had been passed without any authority as the Administrator had been appointed only for a period of one year and that he was appointed on 15.02.2023 and a charge memo was issued to the petitioner on 14.05.2025 as bad in law. That apart, he would submit that the order of suspension passed by the 3rd respondent was stayed by this Court and the petitioner has not reinstated in service. Hence, he moved a 2/6

contempt petition and pursuant to the contempt and issuance of statutory notice only the petitioner was reinstated in service. Therefore, continuation of disciplinary proceedings is malice. Hence, he seeks to set aside the charge memo issued to the petitioner on 14.05.2025.

3. Countering his argument, the learned Special Government Pleader placing on record of the enquiry report and the subsequent 2nd show cause notice and submits that the petitioner had approached this Court raising grounds of malice is only an after thought. Firstly, he would submit that the charge memo was issued on 14.05.2025, is much before the order of stay and subsequent statutory notice granted by this Court. He further submits that the appointment of Administrator has been extended and therefore the charge memo is well within the authority of the 3rd respondent. Hence, he prays this Court to dismiss the writ petition.

4. I have considered the submissions made on either sides and perused the material available on record.

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5. The first issue with regard to the period of Administrator has been answered by the learned Special Government Pleader by indicating that the period of Administrator had been extended. In such view of the matter, the ground raised by the learned Counsel for the petitioner that the order has been passed without authority cannot stand. The second ground of malice, it is to be noted that the charge memo has also been issued to the petitioner on 14.05.2025 and the order of stay was granted by this Court on 22.05.2025 and for violation of the said order, the statutory notice have been issued only thereafter. Recording the reinstatement of the petitioner, the contempt petition has also came to be closed. Charge memo that has been issued on 14.05.2025, on the face of the enquiry report finding the petitioner guilty of delinquency cannot be thrashed out based upon the subsequent events alleging malice.

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6. For the aforesaid reasons, I do not find any reason to interfere with the impugned charge memo. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

27.10.2025 Index : Yes/No Speaking/Non-Speaking order gvn Note :

Issue order copy on 28.10.2025 To

1. The Registrar of Cooperative Societies No.170, N V Natarajan Maaligai Periyar, EVR High Road, Poonamallee High Road, Kilpauk, Chennai - 600010

2. The Deputy Registrar Of Cooperative Societies Lalgudi Region, Tiruchirappalli District.

3.The Administrator Ty.Spl.54, Alangudi Mahajanam Primary Agricultural Cooperative Credit Society Ltd.

Anbil(Post), Lalgudi Taluk Tiruchirappalli District.

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K.KUMARESH BABU, J.

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