Dismissed

D.Jayasankar v. The Secretary to Government

Madras HC2 Jul 2024WP/7366/2023

Case brief

AI extract

What is this about?

A writ petition sought a mandamus directing co-operative officials to supersede a primary agricultural credit society's President and Board over loan irregularities. The authorities had already suspended the President and members; the petition was dismissed with a direction to recover the misappropriated amount.

What did the court decide?

Petition dismissed; authorities directed to recover the misappropriated amount from the erring officials expeditiously.

D.Jayasankar Vs The Secretary to Government — Cooperative Societies | Madras HC (2024)

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W.P.No. 7366 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.07.2024

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CORAM:

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THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

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W.P.No.7366 of 2023 and W.M.P.No.7445 of 2023

D. Jayasankar

.. Petitioner

Versus

The Secretary to Government Food and Co-operation Department, Fort St.George, Chennai – 600 009.

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The Registrar of Co-operative Societies, Kilpauk, Chennai – 600 010.

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The Joint Registrar of Co-operative Societies, Thiruvannamalai Region, Thiruvannamalai, Thiruvannamalai District.

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The Deputy Registrar of Co-operative Societies, Thiruvannamalai Circle, Thiruvannamalai, Thiruvannamalai District.

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The President, H.H.572, Thachampattu Primary Agricultural Co-operative Credit Society Ltd., Thachampattu Village & Post – 606 811, Thiruvannamalai Taluk & District.

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...Respondents

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

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1/7

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W.P.No. 7366 of 2023

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Prayer: This petition is filed under article 226 of the Constitution

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of India to issue a writ of Mandamus directing the Respondents 1 to 3 to initiate proceedings U/s 88 of Tamil Nadu Co-operative Societies Act to supersede the 5^th respondent society President and its Board of Directors for committing so many irregularities by taking note of the 4^th respondent proceedings in Na.Ka.No.3468 of 2022 Sa.Pa, dated 16.08.2022 and pass orders.

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For Petitioner : Mr.C. Prakasam For Respondents 1 to 4 : Mr.C. Ravi Kumar Special Government Pleader For Respondent-5 : Mr.J.N.C. Kaushik Additional Government Pleader

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ORDER

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This petition is filed to seeking to issue a writ of Mandamus directing the Respondents 1 to 3 to initiate proceedings U/s 88 of Tamil Nadu Co-operative Societies Act to supersede the 5^th respondent society President and its Board of Directors for committing so many irregularities

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2/7

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

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W.P.No. 7366 of 2023

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by taking note of the 4^th respondent proceedings in Na.Ka.No.3468 of 2022 Sa.Pa, dated 16.08.2022

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The case of the petitioner is that the petitioner is a Secretary incharge of the 5^th respondent organisation and he found that there are several irregularities committed by the president and the Board of Directors with regard to issuance of loans for ineligible members. Further loans were sanctioned to very same survey numbers and disbursed to the same family members several times Hence, the petitioner gave a representation before the 4^th respondent to take appropriate action against the 5^th respondent and the Board of Directors. Pursuant to which the 4^th respondent sent a communication to the the petitioner in Na.Ka.3468 of 2022 Sa.Pa dated 16.08.2022, wherein the 4^th respondent ordered enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act and appointed an Enquiry Officer. Thereafter, the Enquiry Officer submitted his report stating that the District Central Central Co-operative Bank and the society should take disciplinary proceedings against the employees of the said bank and society and the proposal for disqualification of the Board of Directors should be sent to the 3^rd

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3/7

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

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W.P.No. 7366 of 2023

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respondent. Pursuant to which the 4^th respondent sent a proposal to the 3^rd respondent. Thereafter, the petitioner sent a representation to the 3^rd respondent on 17.10.2022 to take criminal action against the President and other members. Like wise several correspondence were made. However, there is no action taken to disqualify the Board of directors. Finally on 27.01.2023 the petitioner made a representation to the first and second respondents regarding the issue. However, no action has been taken. Hence, the petitioner has come up with this petition seeking a direction directing the Respondents 1 to 3 to initiate proceedings U/s 88 of Tamil Nadu Co-operative Societies Act to supersede the 5^th respondent society President and its Board of Directors for committing so many irregularities by taking note of the 4^th respondent proceedings in Na.Ka.No.3468 of 2022 Sa.Pa, dated 16.08.2022.

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The learned counsel for the petitioner submitted that the 5^th respondent and its Board of Directors committed so many irregularities, inspite of the same no action has been taken by the officials concerned.

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He further submitted that the Board of Directors who have committed 4/7

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

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W.P.No. 7366 of 2023

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various irregularities should be disqualified. Hence, prays to allow this petition.

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The learned Special Government Pleader produced a letter of the third respondent in Na.Ka.No.2120 of 2023 dated 03.08.2023wherein it has been stated that under 36(1) of the Tamil Nadu Co-operative Societies Act and as per the order passed in Na.Ka.No.6006/2022 dated 04.07.2023, the members and the President of the Society are suspended. Hence, the prayer sought for the petitioner has been granted.

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Heard both sides and perused the materials available on record.

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In view of the above facts and circumstances, it is made clear that the representation of the petitioner has been considered by the respondents and action has been taken against the erred officials and they have been suspended. Hence, nothing survives for further adjudication in this petition and this petition deserves to be dismissed. Accordingly this petition is dismissed. No order as to costs. Consequently, the connected

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miscellaneous petition is closed. However, the misappropriated 5/7

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

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W.P.No. 7366 of 2023

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amount has not been recovered from the erred officials. Hence, this Court directs the authorities concerned to take action to recover the misappropriated amount from the erred officials as expeditiously as

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possible.

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02.07.2024

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Speaking order : Yes/No Neutral citation : Yes/No Index : Yes/No smn To 1. The Secretary to Government Food and Co-operation Department, Fort St.George, Chennai – 600 009.

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The Registrar of Co-operative Societies, Kilpauk, Chennai – 600 010.

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The Joint Registrar of Co-operative Societies, Thiruvannamalai Region, Thiruvannamalai, Thiruvannamalai District.

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The Deputy Registrar of Co-operative Societies, Thiruvannamalai Circle, Thiruvannamalai, Thiruvannamalai District.

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The President, H.H.572, Thachampattu Primary Agricultural Co-operative Credit Society Ltd., Thachampattu Village & Post – 606 811, Thiruvannamalai Taluk & District.

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

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6/7

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W.P.No. 7366 of 2023

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V.BHAVANI SUBBAROYAN, J.

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smn

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W.P.No.7366 of 2023 and W.M.P.No.7445 of 2023

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02.07.2024

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7/7 https://www.mhc.tn.gov.in/judis

D.Jayasankar v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

D.Jayasankar v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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