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K.Mohan v. the Deputy Registrar of Cooperative Societies

Madras HC8 Oct 2025WP/33417/2025

Case brief

AI extract

What is this about?

Madras High Court writ petition (mandamus, Article 226) seeking departmental and Section 87 surcharge proceedings against cooperative society supervisory officials; court declined fresh initiation, directed expeditious conclusion of pending disciplinary proceedings against respondents 4-8, noted completed punishment (cut in increment, Rule 17-B TNCS D&A Rules) for respondents 9-10; petition disposed/closed, no costs; no precedent cited.

What did the court decide?

Direction to the respondents to conclude the already-initiated disciplinary proceedings against respondents 4 to 8 within the earliest possible time; no further direction regarding respondents 9 and 10; writ petition closed with no costs. ¶50

K.Mohan Vs the Deputy Registrar of Cooperative… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should be issued directing the 1st respondent to initiate departmental proceedings and surcharge proceedings against respondents 4 to 10 by disposing of the petitioner's written representation dated 28.01.2025. +1 more

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Court's answer

Since action has already been initiated against respondents No.4 to 8, no further orders are necessary other than directing the respondents to conclude the same within the earliest possible time.

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Ratio / Principle

As regards respondents No.9 and 10, action has already been taken; therefore no further direction is necessary in this regard.

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Detailed headnote1 paragraphs

Writ petition under Article 226 (W.P.No.33417 of 2025, Madras High Court, V. Lakshminarayanan, J., decided 08.10.2025): K. Mohan sought a writ of mandamus directing the Deputy Registrar of Cooperative Societies, Sangagiri (R1) to initiate departmental and surcharge proceedings under Section 87 against respondents 4 to 10 — officials attached to Vellarivelli Primary Agricultural Co-operative Credit Society Ltd. (S.877) — by disposing of his representation dated 28.01.2025, contending that an '81 enquiry' by the 2nd respondent had implicated them in malversation of Society funds while only the petitioner faced criminal, departmental and Section 87 surcharge proceedings. In reply, the State stated that R4–R8 are Salem District Central Co-operative Bank employees and R9–R10 are Government servants outside the Section 87 categories; disciplinary action against R9–R10 had resulted in cut in increment (R10 via a Rule 17-B Tamil Nadu Civil Services (Discipline and Appeal) Rules charge memo, six months without cumulative effect), and proceedings against R4–R8 were pending. The Court held no fresh initiation was required, directed the respondents to conclude the pending proceedings against R4–R8 at the earliest, and closed the petition without costs.

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W.P.No.33417 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.10.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

W.P.No.33417 of 2025

K.Mohan

.. Petitioner

1.The Deputy Registrar of Cooperative Societies, Sangagiri, Salem District.

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2.The Coop. Sub Registrar/Enquiry Officer, Vellarivelli Primary Agricultural Co-operative Credit Society Ltd., Vellarivelli, Edappadi Taluk, Salem District.

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3.S.877, Vellarivelli Primary Agricultural Co-operative Credit Society Ltd., Rep. by its Administrator, Vellarivelli, Edappadi Taluk, Salem District.

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4.S.Anandhakumar

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The Area Manager,

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5.P.Venkatesan, The Supervisor,

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6.Maheshwaran, The Area Manager,

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7.A.Venkatachalam,

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

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W.P.No.33417 of 2025

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The Supervisor,

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9.P.Ravichandran,

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The Coop. Sub Registrar/Field Officer,

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10.S.Manikandan,

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The Coop Sub Registrar/Field Officer, The 4^th to 10^th respondents having office at S.877, Vellarivelli Primary Agricultural Co-operative Credit Society Ltd., Vellarivelli, Edappadi Taluk, Salem District. .. Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 1^st respondent to Initiate Departmental proceedings and surcharge proceedings against the 4^th to 10^th respondents by disposing the written representation made by the petitioner on 28.01.2025.

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For Petitioner : Ms.R.Hemalatha For Respondents : Mr.J.Ravindran, Additional Advocate General Assisted by Ms.E.Ranganayaki (for R1 & R2) Additional Government Pleader Mr.M.Muthusamy, (for R3) Government Advocate Mr.C.Kulandaivel, (for R5)

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O R D E R

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

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W.P.No.33417 of 2025

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Heard Ms.R.Hemalatha, learned counsel for the petitioner, Mr.J.Ravindran, learned Additional Advocate General for Ms.E.Ranganayaku, learned Additional Government Pleader for R1 & R2, Mr.M.Muthusamy, learned Government Advocate for R3 and Mr.C.Kulandaivel, learned counsel for R5.

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2.The petitioner seeks for initiation of action against respondents

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No.4 to 10 for having negligently acted in not supervising the 3^rd respondent Society. The plea of the petitioner is that in the 81 enquiry that was conducted by the 2^nd respondent, the private respondents had been found to have played a part in the malversation of funds of the 3^rd respondent Society.

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3.It is the plea of Ms.Hemalatha that only the petitioner has been proceeded with before the criminal Court, Departmentally as well as in surcharge proceedings initiated under Section 87 whereas the respondents No.4 to 10 have been let scot-free.

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4.On the day of admission, Mr.J.Ravindran had taken notice on behalf of the respondents No.1 and 2 and sought time to file a counter.

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5.Today, when the matter was taken up, he has filed a counter on behalf of 1^st respondent, which is adopted by the 2^nd respondent.

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6.Insofar as the plea of Ms.Hemalatha that 87 enquiry has not been

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initiated, Mr.Ravindran points out that respondents No.4 to 8 are employees of the Salem District Central Co-operative Bank and respondents No.9 and 10 are Government servants. Hence, they do not come under any of the categories mentioned under Section 87 of the Act. Therefore, actions could not be initiated under that provision as against the aforesaid persons.

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7.Insofar as disciplinary proceedings are concerned, he points out that action was initiated against the respondents No.9 and 10 and have been punished with cut in increment for their lack of supervision over the 3^rd respondent Society. With respect to the 10^th respondent, he states that disciplinary action had been recommended and on that basis charge memo under Rule 17-B of the Tamil Nadu Civil Services (Discipline and Appeal) Rules had been initiated and the 10^th respondent had been visited with the punishment of cut in increment for six months without cumulative effect.

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8.Insofar as the respondents No.4 to 8 are concerned, he points out that disciplinary proceedings had already been initiated and they are pending. He points out that disciplinary proceedings have been initiated and the private respondents have not been let scot-free.

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9.I have gone through the records as well as the counter.

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10.Since action has already been initiated against the respondents

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No.4 to 8, no further orders are necessary other than directing the respondents to conclude the same within the earliest possible time. Insofar as the respondents No.9 and 10 are concerned, action has already been taken, therefore, no further direction is necessary in this regard. Hence, this writ petition stands closed. No costs.

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08.10.2025

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Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No vs

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1.The Deputy Registrar of Cooperative Societies, Sangagiri, Salem District.

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2.The Coop. Sub Registrar/Enquiry Officer, Vellarivelli Primary Agricultural Co-operative Credit Society Ltd., Vellarivelli, Edappadi Taluk, Salem District.

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3.S.877, Vellarivelli Primary Agricultural Co-operative Credit Society Ltd., Rep. by its Administrator, Vellarivelli, Edappadi Taluk, Salem District.

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V. LAKSHMINARAYANAN,J.

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

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