Dismissed

Chandra v. the Director

Madras HC19 Dec 2024WP/37645/2024

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed for certiorari and quashing of an enquiry order relating to financial loss in a cooperative society. The court held that an earlier surcharge order was not challenged and stated that proceedings under Section 87(1) must be appealed under Section 152(1) of the Act, noting the narrow scope of writ intervention when material facts are suppressed.

What did the court decide?

Writ of Certiorari denied; Impugned order not quashed.

Chandra Vs the Director — Cooperative Societies | Madras HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.12.2024

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CORAM

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THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN

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W.P.No.37645 of 2024

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and W.M.P.No.40703 of 2024

Chandra

.. Petitioner

Vs.

The Director,

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Tamil Nadu Co-operative Milk Producers Federation Limited, Chennai – 600 001.

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The Deputy Registrar (Milk Production) Perambalur District, Perambalur.

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3.The Secretary, Udumbiyam Co-operative Milk Producers Federation Limited, Udumbiyam, Perambalur District.

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.. Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the impugned order passed by the 2^nd respondent in Na.Ka.No.483/2024/E2 dated 06.08.2024 and quash the same.

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

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For Petitioner .. Mr.D.Ashok kumar For Respondents .. Mr.S.Ravikumar, Special Government Pleader

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ORDER

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This Writ Petition has been filed in the nature of a Certiorari seeking

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records relating to an order passed by the 2^nd respondent, the Deputy Registrar (Milk Production) Perambalur District, Perambalur, in Na.Ka.No.483/2024/E2 dated 06.08.2024 and to quash the same.

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2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner's husband, Venkatesan was the Secretary of the 3^rd respondent society namely, Udumbiyam Co-operative Milk Producers Federation Limited, Udumbiyam, Perambalur District. It had been stated that the 2^nd respondent had conducted an enquiry for loss of Rs.23,75,346.72/during 2020 – 2021 and 2021 – 2022. The enquiry was conducted under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983. A conclusion had been reached on 06.08.2024 that there was loss to the 3^rd respondent society and that the husband of the petitioner was responsible for part of the loss also.

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3.It is however contended by the leaned Special Government Pleader

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

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on behalf of the respondents that even earlier surcharge proceedings had

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been conducted under Section 87(1) of the Act and by an order dated 09.08.2023, the amount had also been determined. That fact had been suppressed in the writ petition. It had been stated that subsequently, the respondents had also filed an Execution Petition which is also pending. The order now impugned is dated 06.08.2024 but there is an earlier order dated 09.08.2023 which had not been challenged.

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4.At any rate, any order passed under Section 87(1) of the Cooperative Societies Act, 1983 will have to be challenged only by filing an appeal under Section 152(1) of the Act. The scope of this Court to interfere

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with these proceedings is extremely narrow and particularly when there is suppression of material fact, the Court should not enter into any discussion on the merits of the case at all.

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5.With the above observations, this Writ Petition stands dismissed. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

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19.12.2024

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Index:Yes/No Internet:Yes/No smv

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C.V.KARTHIKEYAN,J.

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

smv

The Director,

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Tamil Nadu Co-operative Milk Producers Federation Limited, Chennai – 600 001.

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The Deputy Registrar (Milk Production) Perambalur District, Perambalur.

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3.The Secretary, Udumbiyam Co-operative Milk Producers Federation Limited, Udumbiyam, Perambalur District.

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W.P.No.37645 of 2024

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19.12.2024

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

Chandra v. the Director

Case brief

What is this about?

What did the court decide?

Chandra v. the Director

Case brief

What is this about?

What did the court decide?

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