E.Devarajan Vs the Deputy Registrar — Writ and Judicial Review | Madras HC (2025)

E.Devarajan Vs the Deputy Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition dismissed with no costs; connected miscellaneous petitions closed; petitioner at liberty to file an appeal before the jurisdictional Cooperative Tribunal cum Principal District Judge, Chengalpattu, with the writ-petition pendency period (08.07.2025 till date) standing excluded.

Issue for consideration

Whether the surcharge award/order dated 09.10.2019 passed against the petitioner ought to be quashed, given the petitioner's contention that he was not employed by the second respondent Society when the misappropriation of funds took place (against the Registrar's finding that he had signed the ledgers as Joint Custodian of the Jewel Loan Safe locker). +1 more

Court's answer

The question whether the petitioner was employed by the second respondent Society at the time of the misappropriation, and whether he had signed the ledgers as Joint Custodian of the Jewel Loan Safe locker, is a factual dispute which this Court cannot probe into in a writ petition.

Ratio / Principle

The petitioner is entitled to agitate these factual disputes before the jurisdictional Cooperative Tribunal cum Principal District Judge, Chengalpattu.

Key takeaways

The writ petition stands dismissed with no costs, and the connected miscellaneous petitions (WMP.Nos.28717, 28720 & 45213 of 2025) are closed.ratio¶27
While dismissing the writ petition, the Court grants the petitioner liberty to file an appeal before the jurisdictional Cooperative Tribunal cum Principal District Judge, and directs that the period during which the writ petition was pending before this Court, i.e., from 08.07.2025 till date, will stand excluded.ratio¶29

Detailed headnote1 paragraphs

Madras High Court (V. Lakshminarayanan, J.) dismissed a writ petition under Article 226 seeking quashing of a surcharge award dated 09.10.2019 (Surcharge No.7/2018-2019/A-3/Na.Ka.2712/2018 A3) passed by the Deputy Registrar of Cooperative Societies, Madhuranthagam Circle, following surcharge proceedings initiated under Section 87 of the Tamil Nadu Cooperative Societies Act, insofar as it related to the petitioner, E. Devarajan. The petitioner contended he was not employed by the society when the misappropriation occurred; the Registrar had found he signed the ledgers as Joint Custodian of the Jewel Loan Safe locker. Held that these are factual disputes which cannot be probed into in a writ petition; the petitioner was granted liberty to agitate them before the Cooperative Tribunal cum Principal District Judge, Chengalpattu, with the writ-petition pendency period from 08.07.2025 till date excluded. Connected miscellaneous petitions closed; no costs.

W.P.No.25541 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

W.P.No.25541 of 2025 &

WMP.Nos.28717, 28720 & 45213 of 2025

E.Devarajan

.. Petitioner

Vs.

1.The Deputy Registrar of Cooperative Societies, Madhuranthagam Circle, Madhuranthagam, Chengalpattu District.

2.The Administrator, G-1781 Puthirankottai Primary, Agricultural Cooperative Credit Society, Puthirankottai Village & Post – 603 401, Cheyyur Taluk, Chengalpattu District.

.. Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the impugned order passed by the first respondent in his proceedings Surcharge No.7/2018-2019/A-3/Na.Ka.2712/2018 A3, dated 09.10.2019 and quash the same insofar relate to the petitioner is concerned.

For Petitioner : Mr.C.Prakasam For Respondent 1 : Mr.E.P.Senniyangiri, Government Advocate For Respondent 2 : Ms.P.Rajarajeswari 1/4

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

W.P.No.25541 of 2025

O R D E R

The order impugned is an award passed post a surcharge proceedings, initiated under Section 87 of the Tamil Nadu Cooperative Societies Act.

Mr.C.Prakasam urged that the petitioner was not employed by the second respondent Society, when misappropriation of funds had taken place.

Mr.E.P.Senniyangiri, Government Advocate points out

that the Registrar has returned a finding that the petitioner had, in fact, signed the ledgers in the capacity of Joint Custodian of Jewel Loan Safe locker.

A careful consideration of the submissions made by the learned counsel shows that it is a dispute, which I cannot probe into in a writ petition. The petitioner can agitate these factual disputes before the jurisdictional Cooperative Tribunal cum Principal District Judge, Chengalpattu. Hence, the writ petition

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W.P.No.25541 of 2025

stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

The petitioner is at liberty to file an appeal before the

jurisdictional Cooperative Tribunal cum Principal District Judge. The period, when the writ petition was pending before this court i.e., from 08.07.2025 till date, will stand excluded.

15.12.2025

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Neutral Citation : Yes / No

To

1.The Deputy Registrar of Cooperative Societies, Madhuranthagam Circle, Madhuranthagam, Chengalpattu District.

2.The Administrator, G-1781 Puthirankottai Primary, Agricultural Cooperative Credit Society, Puthirankottai Village & Post – 603 401, Cheyyur Taluk, Chengalpattu District.

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

W.P.No.25541 of 2025

V.LAKSHMINARAYANAN, J.

nl

W.P.No.25541 of 2025

15.12.2025

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