Dismissed

K.Manimaran v. the Deputy Registrar of Co- Operative Societies

Madras HC17 Dec 2024WP/38561/2024

Case brief

AI extract

What is this about?

The High Court of Madras dismissed a writ petition filed for certiorari to quash a surcharge order passed against the petitioner, Secretary of a co-operative society. The court held that the statutory appeal under Section 152 provides an efficacious remedy for alleging procedural lapses or natural justice violations.

What did the court decide?

Writ petition dismissed with liberty to file a regular appeal under Section 152 of the Act.

K.Manimaran Vs the Deputy Registrar of Co- Operative… — Cooperative Societies | Madras HC (2024)

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W.P.No.38561 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.12.2024

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CORAM

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

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W.P.No.38561 of 2024 and W.M.P.No.41775 of 2024

K.Manimaran

... Petitioner

Vs.

The Deputy Registrar of Co-operative Societies, Chidambaram, Cuddalore District.

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E.2588 Nandhimangalam Primary Agricultural Co-operative Credit Society Ltd., Rep. by its Administrator, Nandimangalam, Chidambaram Taluk, Cuddalore District. … 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 of surcharge order passed by the first respondent in Na.Ka.633/2024/sa.pa dated 18.09.2024 quash the same as far the petitioner is concerned.

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For Petitioner : Ms.B.A.Nalini Page 1 of 6

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

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W.P.No.38561 of 2024

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For Respondents For R1 : Mr.S.Arumugam Government Advocate For R2 : Mr.M.R.Gokul Krishnan Additional Government Pleader

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ORDER

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This writ petition has been filed in the nature of Certiorari seeking interference in the order passed by the first respondent viz., Deputy Registrar of Co-operative Societies, Chidambaram on 18.09.2024 and quash the same.

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The petitioner was the Secretary of the second respondent society. It is stated that the second respondent society had a bank account in account No.233035461. When the bank account was audited, it was found that on 08.03.2023, there was a debit of Rs.2,50,000/- by cheque No.005267 and corresponding credit in the personal account of the petitioner. It is alleged that there was misappropriation and proceedings were initiated under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as “the Act”). Later proceedings under Page 2 of 6

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

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W.P.No.38561 of 2024

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Section 87 of the Act has been initiated and an order has been passed.

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There is a provision for appeal under Section 152 of the Act. It

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is not the case of the petitioner that the appeal is not an efficacious remedy.

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It is submitted that the principles of natural justice had been violated. But that is an issue to be examined in an appeal filed under the Act and on perusal of the records. The petitioner can take up the issue of violation of principles of natural justice as a ground in the appeal.

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Further, the period from the date on which the writ petition was filed viz., 11.12.2024 till today viz., 17.12.2024 may be deducted, if at all the period of limitation is put against the petitioner. It is further contended that though the order impugned was passed on 18.09.2024, it was received by the petitioner only on 19.11.2024. That may also be taken as a ground, if the period of limitation is sought to be condoned by the petitioner.

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The writ petition, however stands dismissed with liberty to the

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Page 3 of 6

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

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W.P.No.38561 of 2024

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petitioner to file a regular appeal under Section 152 of the Act.

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On memo being filed by the learned counsel appearing for the petitioner, the original impugned order may be returned back by the Registry to the learned counsel for the petitioner, on receiving appropriate acknowledgement and substituting the original order by an attested xerox copy. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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17.12.2024

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Index:Yes/No Neutral Citation : Yes/No Speaking/Non Speaking order

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rts

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Page 4 of 6

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

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W.P.No.38561 of 2024

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The Deputy Registrar of Co-operative Societies,

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Chidambaram, Cuddalore District.

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The Administrator,

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E.2588 Nandhimangalam Primary Agricultural Co-operative Credit Society Ltd., Nandimangalam, Chidambaram Taluk, Cuddalore District.

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Page 5 of 6

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

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W.P.No.38561 of 2024

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C.V.KARTHIKEYAN, J.

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rts

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W.P.No.38561 of 2024 and W.M.P.No.41775 of 2024

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17.12.2024

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Page 6 of 6

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

K.Manimaran v. the Deputy Registrar of Co- Operative Societies

Case brief

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K.Manimaran v. the Deputy Registrar of Co- Operative Societies

Case brief

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