Partly allowed

P.Sivakumar, Ex-Secretary, v. the Deputy Registrar of

Madras HC19 Nov 2024WP(MD)/13725/2016

Case brief

AI extract

What is this about?

Two writ petitions challenged a demand notice and consequential attachment/auction notices issued against an ex-Secretary of a cooperative society, whose surcharge liability had been reduced in appeal to Rs.14,45,015/-. The court held the demand could not exceed the surcharge liability, set aside the demand notice and attachment, allowed one writ petition and closed the other.

What the court decided

AI extract

P.Sivakumar, Ex-Secretary, Vs the Deputy Registrar of — Cooperative Societies | Madras HC (2024)

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W.P.(MD) Nos.13725 and 14171 of 2016

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : .19.11.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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W.P.(MD) Nos.13725 and 14171 of 2016 and W.M.P.(MD) Nos.10229, 10524 and 10525 of 2016

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W.P.(MD) No.13725 of 2016:

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P.Sivakumar .. Petitioner

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Vs.

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The Deputy Registrar of Cooperative Societies, Kulithalai, Karur District. .. Respondent

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issued in Na.Ka.38/2014 Sa.Pa. dated 02.09.2014 (29.04.2015), but

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served on 11.01.2016 and the consequential impugned auction notice issued by him in CEP No.2/2014-15 dated 05.07.2016 and quash both as illegal and ultra vires.

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_________Page 1 of 6

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

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W.P.(MD) Nos.13725 and 14171 of 2016

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For Petitioner : Mr.G.Thalaimutharasu

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For Respondent : Mr.J.K.Jeyaselan Government Advocate

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W.P.(MD) No.14171 of 2016:

P.Sasikumar

.. Petitioner

Vs.

1.The Deputy Registrar of Cooperative Societies, Kulithalai, Karur District.

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2.P.Sivakumar

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.. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records on the file of the respondent in connection with the impugned auction notice issued by him in CEP No.2/2014-15 dated 05.07.2016 and quash the same as illegal and ultra vires.

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For Petitioner : Ms.Chamundi Bose

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For Respondent-1 : Mr.J.K.Jeyaselan Government Advocate

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_________Page 2 of 6

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

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W.P.(MD) Nos.13725 and 14171 of 2016

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COMMON ORDER

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1.1. W.P.(MD) No.13725 of 2016 has been filed challenging the impugned demand notice and the consequential attachment of the property belonging to the petitioner in W.P.(MD) No.13725 of 2016.

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1.2. The said writ petition has been filed by the Ex-Secretary of the Society against whom surcharge proceedings came to be issued on the even date holding that the petitioner is liable for a loss of Rs.19,35,196.50 caused to the Society.

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W.P.(MD) No.14171 of 2016 has been filed by the brother of the petitioner in W.P.(MD) No.13725 of 2016 by contending that the order of attachment relates to a family property in which he also has a share.

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The surcharge proceedings issued against the petitioner in W.P. (MD) No.13725 of 2016 was subject matter of challenge by the petitioner in C.M.A.(CS) No.1 of 2015 on the file of the District Court, Karur and by order dated 07.11.2020, the civil miscellaneous appeal was disposed

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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.(MD) Nos.13725 and 14171 of 2016

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of by holding that the petitioner was liable only for a sum of Rs.14,45,015/-. It is the case of the petitioner that as against the same, he has also preferred a civil revision petition before this Court.

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The demand notice has been made for a sum of Rs.35,01,265.50. On the very same day, surcharge proceedings has been initiated. However, under the surcharge proceedings, the petitioner was found to be liable only for a sum of Rs.19,35,196.50.

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A detailed counter affidavit has been filed by the respondent in W.P.(MD) No.13725 of 2016, but there has been no averment as to why the demand notice had different amount than that of the surcharge proceedings. Since both the surcharge proceedings and the demand notice were made on the very same day, I am of the view that the demand could not be made more than what has been held to be liable to be paid by the petitioner under the surcharge proceedings. Further, the liability under the surcharge proceedings has also been reduced in an appeal filed

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by the petitioner for holding him liable for a sum of Rs.14,45,015/-.

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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.(MD) Nos.13725 and 14171 of 2016

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For the aforesaid reasons, the demand notice and the

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consequential attachment proceedings in W.P.(MD) No.13725 of 2016 shall stand set aside and accordingly, W.P.(MD) No.13725 of 2016 is allowed

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In view of the order passed in W.P.(MD) 13725 of 2016, no further orders are required to be made in W.P.(MD) No.14171 of 2016 and the same is accordingly, closed.

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In the result, (i) W.P.(MD) No.13725 of 2016 is allowed and (ii) W.P.(MD) No.14171 of 2016 is closed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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19.11.2024

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NCC : Yes/No Index : Yes/No Internet : Yes

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abr

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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.(MD) Nos.13725 and 14171 of 2016

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K.KUMARESH BABU, J.

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abr

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The Deputy Registrar of Cooperative Societies, Kulithalai, Karur District.

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W.P.(MD) Nos.13725 and 14171 of 2016

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Dated: 19.11.2024

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_________Page 6 of 6

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

P.Sivakumar, Ex-Secretary, v. the Deputy Registrar of

Case brief

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What the court decided

P.Sivakumar, Ex-Secretary, v. the Deputy Registrar of

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