B.Parasuraman Vs the Joint Register of Co-Operative Societies

Writ Appeal filed under Clause 15 of Letters Patent Act, to allow the writ appeal and consequently set aisde the order made in WP No.31003 of 2023 dated 11.01.2024.

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For Appellant(s): Mr.L.P.Shanmugasundaram

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For Respondent(s): Mr.S.Ravikumar Special Government Pleader for R1 to R3

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JUDGMENT

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(Judgment of the Court was made by S.M.Subramaniam J.)

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Under assail is the order dated 11.01.2024 passed in W.P.No.31003 of

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The writ petitioner is the appellant before this Court.

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The writ petition was instituted challenging the notice issued under

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Section 87 (1) of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter

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referred to as "the Act")

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Based on the statutory enquiry under Section 81 or inspection

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under Section 82 of the Act, the competent Authority under the Act is

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

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2 of 6

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WA No. 1639 of 2024

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empowered to initiate three-fold actions. Disciplinary actions against the

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employees can be initiated. Surcharge proceedings can be initiated to recover

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the financial loss caused to the society. Thirdly, criminal case can also be

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registered through Commercial Crime Investigation Wing of the Police Department.

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In the present case, surcharge proceedings has been initiated by

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issuing notice under Section 87 (1) of the Act. The said notice is under challenge. Thus, the writ petition is not entertainable. The appellant has to submit his explanations along with the documents, if any, in response to the surcharge notice issued under Section 87 (1) of the Act. Thereafter, the Deputy Registrar of Cooperative Societies has to conduct an enquiry by affording opportunity to all the parties and a final order is to be passed under Section 87 of the Act.

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