The Madurai Bench of the Madras High Court allowed a writ petition challenging surcharge proceedings. Relying on the respondent's admission of illegities occurring in 1996-2001, the Court held that the statutory bar on proceedings beyond seven years under Section 87 applied.
The notice issued by the respondent and consequential proceedings were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.15746 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : .19.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD) No.15746 of 2016 and W.M.P.(MD) Nos.11537 and 11538 of 2016
Ilamaravaluthy
.. Petitioner
Vs.
The Deputy Registrar, Cooperative Housing Societies, Mani Nagaram, Virudhunagar Zone, Virudhunagar. .. Respondent
Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call the records relating to the proceedings of the respondent made in Na.Ka.927/2014 Sapa dated 03.05.2016 and the consequential proceedings made in Tha.Va.Ka. 1/2016-17 SaPa - Na.KA. 927/14sapa dated 08.08.2016 and quash the same.
For Petitioner : Mr.M.Suresh Kumar
For Respondent : Mr.R.Suresh Kumar Additional Government Pleader
_________Page 1 of 4
W.P.(MD) No.15746 of 2016
ORDER
The challenge in the writ petition is to a surcharge proceedings that is sought to be initiated against the petitioner for the act of commission and omission that had taken place between the period 1996-2001. The same has also been admitted to by the respondent in his counter.
_________Page 2 of 4
W.P.(MD) No.15746 of 2016
respondent and the consequential proceedings impugned in this writ petition are quashed.
to costs. Consequently, connected miscellaneous petitions are closed.
19.11.2024
NCC : Yes/No Index : Yes/No Internet : Yes abr To
The Deputy Registrar, Cooperative Housing Societies, Mani Nagaram, Virudhunagar Zone, Virudhunagar.
_________Page 3 of 4
W.P.(MD) No.15746 of 2016
K.KUMARESH BABU, J.
abr
W.P.(MD) No.15746 of 2016
Dated: 19.11.2024
_________Page 4 of 4
1 issue framed by the court
Whether the proviso to Section 87 of the Tamil Nadu Co-operative Societies Act bars surcharge proceedings initiated beyond a period of seven years.
1 provisions across 1 enactments
Ilamaravaluthy
The Deputy Registrar, Cooperative Housing Societies, Mani Nagaram, Virudhunagar Zone, Virudhunagar
K KUMARESH BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
