Allowed¶40

Rakkusamy v. The District Registrar (Co-operative Societies)

Madras HC6 Nov 2025WP(MD)/30270/2025

Case brief

AI extract

What is this about?

Quashing of Form 6 confiscation notice dated 23.09.2025 by Deputy Registrar of Co-operative Societies; writ allowed on petitioner's undertaking not to encumber schedule properties; background of Section 81 TN Cooperative Societies Act 1983 enquiry (2015-16), misappropriation case Crime No.2 of 2018 under IPC Sections 408, 409, 465, 468, 471, 477A, 420, 109; C.C.No. 208 of 2018 pending before JM-I Ramanathapuram; W.P.(MD) No.30270 of 2025, Madras High Court Madurai Bench, decided 06.11.2025.

What did the court decide?

Impugned order (Form 6 notice) dated 23.09.2025 quashed; writ petition allowed with no costs; connected miscellaneous petition closed. ¶40

Rakkusamy Vs The District Registrar (Co-operative… — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD) No.30270 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.11.2025

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CORAM:

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THE HONOURABLE MS.JUSTICE P.T.ASHA

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W.P.(MD) No.30270 of 2025 and W.M.P(MD)No.23434 of 2025

Rakkusamy

.. Petitioner

Vs.

1.The District Registrar (Co-operative Societies), Paramakudi, Ramanathapuram District.

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2.The Deputy Registrar, Co-operative Societies, Ramanathapuram.

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3.The Inspector of Police, CCIW Police Station, Ramanathapuram District. .. Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records relating to the impugned proceedings issued by the 2^nd respondent in form 6 dated 23.09.2025 and quash the same as being illegal.

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Page 1 of 8

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

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W.P.(MD) No.30270 of 2025

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For Petitioner : Mr.J.Vishnu For R1 & R2 : Mr.A.Kannan Additional Government Pleader For R3 : Mr.S.Prakash Government Advocate(Crl.Side)

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ORDER

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This writ petition has been filed for the following relief :

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“To to call for the records relating to the impugned

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proceedings issued by the 2^nd respondent in form 6 dated 23.09.2025 and quash the same as being illegal.”

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The case of the petitioner is that while he serving as the Secretary of Peykulam Primary Agricultural Co-operative Credit Society, enquiry has been conducted under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983 for the period 2015-16. Based on the said enquiry, an allegation regarding the misappropriation of funds has been made against the petitioner which culminated in filing of a criminal case in Crime No.2 of 2018 for the offences under Sections 408, 409, 465, 468, 471, 477A, 420 and 109 of IPC. Subsequently, final report has been

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_________Page 2 of 8

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

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W.P.(MD) No.30270 of 2025

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filed before the Judicial Magistrate No.I, Ramanathapuram in C.C.No. 208 of 2018 and the same is pending. Meanwhile, notice under form 6, dated 23.09.2025 initiating confiscation proceedings on the same set of allegations, has been issued. Challenging the same, the petitioner is before this Court.

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Heard the learned counsels on either side.

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When the matter is taken up for hearing today, the petitioner has

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filed an undertaking affidavit not to alienate, mortgage, lease, gift or in any other manner encumber the properties detailed in the schedule to this affidavit. The affidavit reads as follows:

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_________Page 3 of 8

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

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W.P.(MD) No.30270 of 2025

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Page 4 of 8

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

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W.P.(MD) No.30270 of 2025