Dismissed¶33

A.Sakthivel v. The Registrar Co-Operative Societies

Madras HC3 Jun 2025WP(MD)/13377/2025

Case brief

AI extract

What is this about?

PIL dismissed for lack of connection with subject matter; maintainability/locus of public interest litigation writ under Article 226; refusal to direct audit of co-operative bank; Virudhunagar Urban Co-operative Bank Limited; Tamil Nadu Co-Operative Societies Act, 1983; Section 90 dispute already pending; petitioner not a party to the dispute; private versus public cause; Writ of Mandamus denied; representations dated 03.02.2023 and 19.09.2024; Madurai Bench of Madras High Court; W.P(MD)No.13377 of 2025; dismissed with no order as to costs; eighth respondent bank no appearance.

What did the court decide?

No relief granted to the petitioner; the writ petition stands dismissed with no order as to costs. ¶33

A.Sakthivel Vs The Registrar Co-Operative Societies — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No relief granted to the petitioner; the writ petition stands dismissed with no order as to costs.

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Issue for consideration

Whether the public interest litigation writ petition, seeking a direction to respondents 1 to 7 to conduct an audit of the Virudhunagar Urban Co-operative Bank Limited and act on the petitioner's representations, is entertainable given that the petitioner is not connected with the bank's loan transactions, investments, expenditure or functional viability.

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Court's answer

The present Public Interest Litigation is absolutely misconceived because the writ petitioner is not connected with the loan transactions, investments, expenditure and functional viability of the Co-Operative Society, namely, Virudhunagar Urban Co-Operative Bank Limited.

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Ratio / Principle

The petitioner has not made out any cause, including a public cause, for entertaining the writ petition; the matter is purely a private dispute between parties with whom the petitioner is in no way connected.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P(MD)No.13377 of 2025, decided 03.06.2025 (Bench: S.M. Subramaniam and A.D. Maria Clete, JJ.; order authored by S.M. Subramaniam, J.). Dismissed a public interest litigation writ petition filed under Article 226 of the Constitution of India in which A. Sakthivel sought a Writ of Mandamus directing respondents 1 to 7 (co-operative registry and audit officials and the District Collector, Virudhunagar) to conduct an audit covering investment, expenditure and functional viability of the Virudhunagar Urban Co-operative Bank Limited from 2015 to 2022 and to act on his representations dated 03.02.2023 and 19.09.2024. The Court held the PIL absolutely misconceived: the petitioner is not connected with the bank's loan transactions, investments, expenditure or functional viability; a Section 90 Tamil Nadu Co-Operative Societies Act, 1983 dispute is already in progress and the petitioner is neither a party to that dispute nor connected with the bank's affairs, so he has made out no cause, private or public, warranting entertainment of the writ. Petition dismissed; no order as to costs. The eighth respondent bank entered no appearance.

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W.P(MD)No.13377 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P(MD)No.13377 of 2025

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A.Sakthivel ... Petitioner

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The Registrar of Co-Operative Societies, O/o. the Registrar of Co-Operative Societies, Kilpauk, Chennai.

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The Director of Co-Operative Audit, Directorate of Co-Operative Audit, 571, 2nd Floor, Prof.K.Anbalagan House, Veterinary Hospital Complex, Nandanam, Chennai 600 035.

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The Joint Director of Cooperative Audit, Directorate of Co-Operative Audit, 571, 2nd Floor, Prof K.Anbalagan House, Veterinary Hospital Complex, Nandanam, Chennai 600 035.

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

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W.P(MD)No.13377 of 2025

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The Assistant Director of Co-Operative Audit, Directorate of Co-Operative Audit, 571, 2nd Floor, Prof.K.Anbalagan House, Veterinary Hospital Complex, Nandanam, Chennai 60.

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The District Collector, O/o. the District Collector, Virudhunagar District.

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The Joint Registrar of Co-Operative Societies, O/o. the Joint Registrar of Co-Operative Societies, Virudhunagar District.

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The Assistant Registrar of Co-Operative Societies, O/o. the Assistant Registrar of Co-Operative Societies, Aruppukottai, Virudhunagar District.

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The Branch Manager,

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A - 394, Virudhunagar Urban Co-operative Bank Limited, Virudhunagar District, Virudhunagar. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, direction to the respondents 1 to 7 to conduct audit including financial audit with regard to investment, expenditure and functional viability of the eighth respondent Cooperative Bank from the year of 2015 to 2022 and take appropriate action against erring officials by considering the petitioner's representations dated 03.02.2023 and 19.09.2024 within the time stipulated by this Court.

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

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W.P(MD)No.13377 of 2025

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For Petitioner : Mr.T.Thirumurugan, For R1 to R7 : Mr.P.Thilak Kumar Government Pleader For R8 : No Appearance

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O R D E R

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[Order of the Court was made by S.M.SUBRAMANIAM, J.]

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The present Public Interest Litigation is absolutely misconceived, since the writ petitioner is not connected with the loan transactions, investments, expenditure and functional viability of the Co-Operative Society, namely, Virudhunagar Urban Co-Operative Bank Limited.

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2.The eighth respondent is a Society registered under the Tamil Nadu Co-Operative Societies Act, 1983. A dispute has been raised under Section 90 of the Act. Admittedly, the writ petitioner is not a party either in the dispute or connected with the affairs of the Co-Operative Bank. Thus, the petitioner has not made out any cause including a public cause for the purpose of entertaining the writ petition. It is purely a private dispute between the parties, wherein, the petitioner is no way connected.

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

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W.P(MD)No.13377 of 2025

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3.Therefore, this Writ Petition stands dismissed. There shall be no

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order as to costs.

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[S.M.S., J.] [A.D.M.C., J.] 03.06.2025

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

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To 1. The Registrar of Co-Operative Societies, O/o. the Registrar of Co-Operative Societies, Kilpauk, Chennai.

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The Director of Co-Operative Audit, Directorate of Co-Operative Audit, 571, 2nd Floor, Prof.K.Anbalagan House, Veterinary Hospital Complex, Nandanam, Chennai 600 035.

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The Joint Director of Cooperative Audit, Directorate of Co-Operative Audit, 571, 2nd Floor, Prof K.Anbalagan House, Veterinary Hospital Complex, Nandanam, Chennai 600 035.

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

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W.P(MD)No.13377 of 2025

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The Assistant Director of Co-Operative Audit, Directorate of Co-Operative Audit, 571, 2nd Floor, Prof.K.Anbalagan House, Veterinary Hospital Complex, Nandanam, Chennai 60.

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