Disposed

V.G.Jayamani v. the Joint Registrar of Coop.Societies

Madras HC14 Jun 2024WA/1551/2021

Case brief

AI extract

What is this about?

The Court disposed of a Writ Appeal challenging a Single Judge's order remanding a matter concerning recovery based on a surcharge order under the Tamil Nadu Cooperative Societies Act. The Court directed respondents to reconsider terminal benefits and financial loss issues afresh within three months.

What did the court decide?

Direction given to reconsider the matter and pass orders afresh on merits within three months.

V.G.Jayamani Vs the Joint Registrar of Coop.Societies — Cooperative Societies | Madras HC (2024)

¶1

W.A.No.1551 of 2021

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 14.06.2024

¶4

CORAM : THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE C.KUMARAPPAN

¶5

Writ Appeal No.1551 of 2021 and

¶6

C.M.P.No.9764 of 2021

¶7

V.G. Jayamani S/o. V.R. Gnanasekaran ... Appellant / Petitioner

¶8

Vs.

¶9

The Joint Registrar of Coop. Societies, Cuddalore Region, Cuddalore.

¶10

The Special Officer, E2015, Vegakollai Primary Agricultural Coop Credit Society, Vegakollai Post, Kurinjipadi Via, Panruti Taluk, Cuddalore District. ... Respondents / Respondents

¶11

Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 08.09.2020 made in W.P.No.7978 of 2013.

¶12

For Appellant : Mr. C. Prakasam For Respondents 1 & 2 : Mr. S. Ravikumar, Special Government Pleader [Co-op]

¶13

Page No.1 of 5

¶14

https://www.mhc.tn.gov.in/judis

¶15

W.A.No.1551 of 2021

¶16

J U D G M E N T

¶17

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

¶18

The Writ Appeal has been filed against the order dated 08.09.2020 made in W.P.No.7978 of 2013.

¶19

The Writ petitioner is the appellant. The order passed by the Joint

¶20

Registrar of Co-operative Societies under Section 153 of the Tamilnadu Cooperative Societies Act in Proceedings dated 31.08.2012 is under challenge in the present Writ petition. The revisional authority under the Act imposed recovery based on the surcharge order and for the financial loss caused to the Co-operative Society. The said revision order under Section 153 of the Tamilnadu Co-operative Societies Act dated 31.08.2012 came to be challenged in the present Writ petition.

¶21

The learned Single Judge considered the ground that C.M.A. No.89 of

¶22

2003 preferred by the Appellant against the surcharge order was allowed by setting aside the surcharge proceedings. Therefore, recovery based on the Page No.2 of 5

¶23

https://www.mhc.tn.gov.in/judis

¶24

W.A.No.1551 of 2021

¶25

surcharge order cannot be validated. However, the learned Special Government

¶26

pleader appearing for the respondents would submit that the financial loss caused to the Society and regarding fixation of pay are also to be considered at the time of settlement of terminal benefits to the appellant. We find that the learned Single Judge has remanded the matter back to the respondents for fresh consideration. It is brought to the notice of this Court that part benefits are already granted to the appellant. Therefore, the respondents are directed to reconsider the entire issues as directed by the learned Single Judge and pass orders afresh on merits in accordance with law by taking note of the developments took place after passing of the order in the Writ petition.

¶27

The said exercise is directed to be completed within 3 (three) months from the date of receipt of a copy of this order.

¶28

With the above direction, this Writ Appeal stands disposed of. No costs. The connected miscellaneous petition is closed.

¶29

[S.M.S.J.] [C.K.J.] 14.06.2024

¶30

Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No

¶31

Page No.3 of 5

¶32

https://www.mhc.tn.gov.in/judis

¶33

W.A.No.1551 of 2021

¶34

mjs

¶35

S.M.SUBRAMANIAM,J. AND C.KUMARAPPAN,J.

¶36

mjs

¶37

¶38

The Joint Registrar of Coop. Societies, Cuddalore Region, Cuddalore.

¶39

The Special Officer, E2015, Vegakollai Primary Agricultural Coop Credit Society, Vegakollai Post, Kurinjipadi Via, Panruti Taluk, Cuddalore District.

¶40

Judgment in W.A.No.1551 of 2021

¶41

Page No.4 of 5

¶42

https://www.mhc.tn.gov.in/judis

W.A.No.1551 of 2021

14.06.2024

Page No.5 of 5

https://www.mhc.tn.gov.in/judis

V.G.Jayamani v. the Joint Registrar of Coop.Societies

Case brief

What is this about?

What did the court decide?

V.G.Jayamani v. the Joint Registrar of Coop.Societies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Tamilnadu Housing Board Vs Mr.a.L.Arumugam, (Died)

Dr.T.K.Sathia Seelan Vs The Chairman

T.Veera Puthiran Vs Bar council of TamilNadu and Puducherry

Caso and Commandant Vs R.Srinivasan

K.R.Mani, Vs District Revenue Officer

L.Sathiyaraj Vs G.Yazhini