The High Court disposed of a writ petition seeking an enquiry for alleged malpractices in a co-operative credit society's crop insurance scheme. Noting that disciplinary action had already been taken against the accused respondents by the Joint Registrar and that the tenure of one respondent had ended, the Court closed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.934 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.934 of 2021 and W.M.P.(MD).Nos.792 of 2021, 4129 and 4151 of 2023
Mohan
... Petitioner
Vs.
1.The Principal Secretary, Department of Co-Operative Society, Fort St.George, Chennai -600 009.
2.The Registrar, Department of Co-Operative Society, N.V.Natarajan Maligai, Keelpakam, Chennai.
3.The Additional Registrar, (Finance and Banking), Department of Co-Operative Society, N.V.Natarajan Maligai, Keelpakam, Chennai.
W.P.(MD)No.934 of 2021
Office of Joint Registrar of Co-Operative Society, 1, Meignana Street, Palayamkottai, Tirunelveli-2.
Office of Deputy Registrar of Co-Operative Society, Mudukku Vinayagar Kovil Street, Nearby Old Bus Stand, Tenkasi.
Tn.Spl.123, Mahendravadi Primary Agricultural Co-Operative Credit Society, Mahendravadi, Maruthankinaru Post, Thiruvenkadam Taluk, Tenkasi District.
Tn.Spl.123, Mahendravadi Primary Agricultural Co-Operative Credit Society, Mahendravadi, Maruthankinaru Post, Thiruvenkadam Taluk, Tenkasi District. ...Respondents
PRAYER:
W.P.(MD)No.934 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 5 to initiate the enquiry against the 9th and 10th respondents for committing malpractices in the Crop Insurance Scheme of the year 2016-2017 by considering the petitioners representation dated 05.01.2021.
For Petitioner : Mr.S.Mandhiralingeswaran For R-1 to R-8 : Ms.D.Farjana Ghoushia, Special Government Pleader
O R D E R
This Writ Petition has been filed for the issue of writ of mandamus directing respondent Nos.1 to 5 to initiate enquiry against the ninth and tenth respondents based on the representation given by the petitioner on 05.01.2021.
ninth respondent Society and also one of the Director. The allegation made by the petitioner is that the ninth and tenth respondents were involved in malpractices in the Crop Insurance Scheme for the year 2016-2017 and as a result, they had created bogus beneficiaries and had swindled the amount. In view of the same, the petitioner had given a
W.P.(MD)No.934 of 2021
complaint against the ninth and ninth respondents before respondent Nos.1 to 5 to take action against them. Since the same was not considered, the present Writ Petition has been filed before this Court.
“ It is seen from the records as well as the findings of the Joint Registrar dated 07.08.2023, that there are serious allegations against the sixth respondent/Mr.Ganesan, Secretary, TN.Spl.123, Mahendravadi Primary Agricultural Co-operative Credit Society. Since all the allegations made against sixth respondent are proved, accordingly a punishment was
W.P.(MD)No.934 of 2021
imposed by the Joint Registrar. Hence, this Court prima facie satisfied that the allegations of the petitioner are to be looked into by the Competent Officer.
2. According to the learned Public Prosecutor, there is a special wing called CCIWCID in the Department of Vigilance and Anti-Corruption, which was entrusted the duty to see the allegation made against the Cooperative Society Employees, including the Secretary of the Society. Therefore, this Court suo-motu impleads the Superintendent of Police,CCIWCID, to this petition.
3. Mr.T.Senthil Kumar, learned Additional Public Prosecutor, takes notice on behalf of the impleading respondent.
4. Registry is directed to carry out the necessary amendment in the cause title and list this case on 15.09.2023.”
in the counter affidavit is running contrary to the proceedings that were initiated and punishment that was imposed by the Joint Registrar against the delinquent officers. In view of the same, this Court directed the
W.P.(MD)No.934 of 2021
learned Special Government Pleader to take proper instructions and to report before this Court. Accordingly, the matter is posted for hearing today.
W.P.(MD)No.934 of 2021
also been taken to comply with the said order.
complaint given by the petitioner has been acted upon and sufficient action
has also been taken.
costs. Consequently, the connected miscellaneous petitions are closed.
17.10.2023
NCC:yes/no Index:yes/no Internet:yes/no tsg To
1.The Principal Secretary, Department of Co-Operative Society, Fort St.George, Chennai -600 009.
2.The Registrar, Department of Co-Operative Society, N.V.Natarajan Maligai, Keelpakam, Chennai.
3.The Additional Registrar, (Finance and Banking), Department of Co-Operative Society,
W.P.(MD)No.934 of 2021
N.V.Natarajan Maligai, Keelpakam, Chennai.
Office of Joint Registrar of Co-Operative Society, 1, Meignana Street, Palayamkottai, Tirunelveli-2.
W.P.(MD)No.934 of 2021
N.ANAND VENKATESH, J
tsg
W .P.(MD)No.934 of 2021
17.10.2023
2 issues framed by the court
Whether to issue a writ of mandamus directing the respondents to initiate an enquiry against the ninth and tenth respondents for alleged malpractices in the Crop Insurance Scheme of 2016-2017.
Whether sufficient action has been taken regarding the allegations of malpractice by the respondents.
Mohan
Principal Secretary, Department of Co-Operative Society, Fort St.George, Chennai
Registrar, Department of Co-Operative Society
Additional Registrar, Finance and Banking, Department of Co-Operative Society
Joint Registrar of Co-Operative Society
Deputy Registrar of Co-Operative Society
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
