Madras High Court
M.Ramachandran vs The Joint Registrar Of Co-Op Societies on 7 April, 2016
Author: B.Rajendran
Bench: B.Rajendran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.04.2016
CORAM
THE HONOURABLE MR.JUSTICE B.RAJENDRAN
W.P(MD)Nos.15788 of 2015, 16071 and 23420 of 2015
and
W.M.P.(MD) Nos.2, 2 and 2 of 2015
W.P(MD)No.15788 of 2015
M.Ramachandran,
S/o.Muthusamy,
President,
Q1283, Kidathirukkai Primary Agricultural
Co-operative Credit Society,
Kidathirukkai,
Muthukulathur Taluk,
Ramanathapuram District. ..Petitioner
Vs
1.The Joint Registrar of Co-op Societies,
Collectorate Complex, Ramnad Region,
Ramanathapuram.
2.The Joint Registrar / Managing Director,
Ramnad District Central Co.op Bank,
Vandikkara Street, Ramnad.
3.The Deputy Registrar of Co.Op Societies,
Paramakudi Circle,
Paramakudi,
Ramnad District.
4.C.P.Rajeshwaran,
Co.op Sub Registrar / Enquiry Officer under Section 81,
Managing Director Co. op Urban Bank ? Kamuthi,
Kamuthi, Ramnad District. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus calling for the
records pertaining to the impugned order passed by the 3rd Respondent vide
Na.Ka.No.2756/2014. Tho.Ve.Ku.Sa, dated 19.08.2015 and to quash the same and
consequently forbearing the fourth respondent Enquiry Office from any way
interfering and to conduct enquiry under section 81 of the TNCS Act 1983.
!For Petitioner : Mr.Veera Kathiravan
^For Respondent 1: Mr.N.S.Karthikeyan
Additional Government Pleader
For Respondent 2 : Mr.D.Shanmugharajasethupathi
W.P(MD)No.16071 of 2015
V.Chellapandian,
President,
Q1244, Sathurvethamangalam Primary Agricultural
Co-operative Credit Society,
Kottakudi, Udayakudi (PO),
Paramakudi Taluk,
Ramanathapuram District. ..Petitioner
Vs
1.The District Collector,
Ramanathapuram District,
Ramanathapuram.
2.The Joint Registrar of Co-op Societies,
Ramanathapuram,
Ramanathapuram District.
3.The Deputy Registrar of Co-operative Societies,
Paramakudi Circle,
Paramakudi,
Ramnathapuram District.
4.The Enquiry Officer,
Mr.K.S.Sivakumar,
Cooperative Sub Registrar / Managing Director,
Paramakudi Cooperative Urban Bank,
Paramakudi,
Ramanathapuram District. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari to call for the records on
the file of the 3rd respondent in connection with the impugned order of
enquiry passed by him in his proceedings Na.Ka.2756/2014 Tho.Ve.Koo.Sa dated
13.08.2015 and quash the same as illegal and ultravires.
For Petitioner : Mr.R.Singaravelan
for Mr.K.Gurunathan
For Respondent 1: Mr.N.S.Karthikeyan
Additional Government Pleader
***
W.P(MD)No.23420 of 2015
G.Ramamoorthy,
S/o.Govindan,
President,
Q1284, Sithirankudy Primary Agricultural
Co-operative Credit Society,
Sithirakudi,
Ramanathapuram District. ..Petitioner
Vs
1.The Joint Registrar of Co-op Societies,
Collectorate Complex, Ramnad Region,
Ramanathapuram.
2.The Joint Registrar / Managing Director,
Ramnad District Central Co.op Bank,
Vandikkara Street, Ramnad.
3.The Deputy Registrar of Co.Op Societies,
Paramakudi Circle,
Paramakudi, Ramnad District.
4.T.Krishnan,
Co.op Sub Registrar / Enquiry Officer under Section 81,
Managing Director Co. op Urban Bank ? Kamuthi,
Kamuthi, Ramnad District. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus calling for the
records pertaining to the impugned order passed by the 3rd Respondent vide
Na.Ka.No.2756/2014. Tho.Vi.Ku.Sa, dated 19.08.2015 and quash the same and
consequently forbearing the fourth respondent Enquiry Officer from any way
interfering and to conduct enquiry under section 81 of the TNCS Act 1983.
For Petitioner : Mr.Muniasamy
For Respondent 1: Mr.N.S.Karthikeyan
Additional Government Pleader
***
:COMMON ORDER
In view of the fact that the issue involved in all these Writ Petitions is one and the same, the Writ Petitions are taken up together and disposed of by a common order.
2.The Writ Petitions have been filed challenging the impugned orders passed by the third respondent dated 19.08.2015, 13.08.2015 and 19.08.2015 respectively and consequently forbearing the fourth Respondent Enquiry officer from any way interfering and conduct enquiry under section 81 of the TNCS Act 1983.
3.According to the petitioner in W.P.(MD) No.23420 of 2015, the petitioner society is only giving national welfare scheme viz., National Crop Insurance Scheme under the direct control of the National Agricultural Insurance Corporation of India and in Tamil Nadu, the Agricultural Insurance Company of India is functioning under the control of Regional Manager at Chennai. No doubt, the petitioner society collected the premium from 414 loanee members and non-loanee members and remitted the same properly to the second respondent within the stipulated time and due to the failure of crops during 2013-14, the Crop Insurance Corporation has sanctioned a huge sum of Rs.1,66,04,290/- as compensation to the loanees and non-loanees and it was received from the corporation through the second respondent bank and disbursed the same to the aggrieved farmers as per the schedule list by way of cheque. The entire amount has been properly distributed. In the meantime, anonymous persons made complaints to the District Collector stating some allegation in registration for Crop Loan and in turn the District Collector has ordered enquiry and appointed the Personal Assistant (Agri) to the District Collector as Enquiry Officer. The Enquiry Officer rushed to the spot and made enquiry in detail on the subject matter and also collected all the relevant records and till date he has kept it under his custody. He has already conducted enquiry and no adverse remarks were communicated to the petitioner society.
4.Subsequently, the third respondent, on the direction of the first respondent, ordered an enquiry under Section 81 of the TNCS Act, 1983, on the very same subject of registration of land under the Crop Insurance Scheme for the period 2013-2014. The subject matter was already enquired by the P.A. To the District Collector and without any valid grounds the third respondent ordered an enquiry in his proceedings dated 19.08.2014 and authorised one Mr.T.Krishnan, Cooperative Sub Registrar as Statutory Enquiry Officer who is now working as Managing Director of Kamuthi Cooperative Marketing Society. The third respondent without jurisdiction has ordered this enquiry underr Section 81 of the Act. According to the petitioner, the Statutory Enquiry under Section 81 can be ordered only in respect of the work done or any misappropriation in respect of the society but in the subject matter no such financial loss or involvement of misappropriation relating to the society. Neither the society can collect the suo motu premium nor it can make payment. It is only a post office. Therefore, the very enquiry called for is wrong. When the District Collector has already initiated enquiry and no adverse remarks have been filed, the present enquiry ordered by the third respondent is illegal.
5.The third respondent in W.P.(MD)No.15788 of 2015 has filed a detailed counter stating that the petitioner society is a financial institution and it has to collect the premium from the farmers and transmit it to the implementing agency. The petitioner society has the responsibility of maintaining the records of proposal forms, other relevant documents, statements for the purpose of verification by the District Committee or representative of the insurer. Originally, as per the direction of the District Collector, a preliminary enquiry was conducted by the P.A. (Agri) to the District Collector from 04.07.2015 to 10.07.2015 and that preliminary enquiry discloses a prima facie criminal case against 50 persons including the petitioner. Therefore, as per the request of the District Collector, a Statutory Enquiry was ordered by the third respondent under Section 81 of the Act and the fourth respondent was authorised to conduct the enquiry. The petitioner has misunderstood the provisions of Section 81 as if the enquiry could be conducted by the District Collector. The District Collector has made only a preliminary enquiry and on the finding of the preliminary enquiry, a detailed Statutory Enquiry has now been ordered. The petitioner in connivance with the other officials and co-accused persons have manipulated the revenue records regarding cultivation of paddy lands to an extent of 66.334 hectares and prepared false insurance claims and thereby they have involved in corrupt practices and committed criminal breach of trust. Fifty persons including the petitioner have involved in the alleged misappropriation of Government funds. Therefore, the Statutory Enquiry ordered under Section 81 of the Act is valid in law and it is ordered to safeguard the public interest. The District Collector has come to a preliminary conclusion to call for a Statutory Enquiry and it is not a finding and it is only a preliminary stage. Therefore, the Writ Petitions are not maintainable at this point of time. Hence, they sought for dismissal of all the writ petitions.
6.The other two Writ Petitions viz., W.P.(MD)Nos.15788 and 16071 of 2015 have also been filed for identical relief wherein also the petitioners have questioned the appointment of Enquiry Officers under Section 81 of the Act to conduct enquiry regarding the allegations as to falsification of the records and claiming bogus insurance claims under the Crop Insurance Scheme. Hence, all the three Writ Petitions were taken up together and heard all the parties.
7.On a careful consideration of the entire records of the three societies they have only questioned the statutory enquiry under Section 81 of the Act. As rightly pointed out by the respondents, this is only a statutory enquiry ordered under the Act and that cannot be question at this point of time. In fact, what the earlier District Collector's order is that the District Collector has made preliminary enquiry regarding the allegations as to falsification of the records and claiming bogus insurance claims that was done by the Personal Assistant to the Collector. When he has convinced about the irregularities committed, he has only recommended for Statutory Enquiry. Therefore, the third respondent has initiated enquiry under Section 81 of the Act, it is only purely an initiaion period and therefore, the petitioner will have ample opportunity to defend the same. It is premature on the part of the petitioner to come to this Court at this stage. The ruling relied upon by the petitioner in the case of Arignar Anna Weavers Cooperative Society Ltd., vs. State of Tamil Nadu and others [AIR 1999 Madras 254] will not be applicable to the facts of this case. Here in the present cases, the impugned orders are only for enquiry under Section 81 of the Act appointing an officer and it is not that they have taken over the society itself. Further, they have challenged the impugned orders dated 19.08.2015, 13.08.2015 and 19.08.2015 respectively which purely relates to appointment of Enquiry Officers in the respective cases. Therefore, the above ruling relating to the suspension of the very society will not be applicable to the facts of the present case. The petitioner also relied upon a decision of this Court reported in (2009) 5 MLJ 1462 (Mad-NOC) [T.Sundararaj vs. Deputy Registrar of Cooperative Society, Kanyakumari District and others] in respect of non-grant of documents. The argument that the District Collector has given a report does not arise here the preliminary enquiry alone was conducted and thereafter, he has only recommended for Statutory Enquiry. Therefore, the question of non-grant of documents or report does not arise. Hence, the above ruling relied by the petitioner will not be applicable to the facts of the present cases. Therefore, the petitioners have to only cooperate with the enquiry proceedings.
8.For all the foregoing reasons, the petitioner has no merits and the Writ Petitions are liable to be dismissed. Accordingly, the Writ Petitions are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
To
1.The Joint Registrar of Co-op Societies, Collectorate Complex, Ramnad Region, Ramanathapuram.
2.The Joint Registrar / Managing Director, Ramnad District Central Co.op Bank, Vandikkara Street, Ramnad.
3.The Deputy Registrar of Co.Op Societies, Paramakudi Circle, Paramakudi, Ramnad District.
4.The District Collector, Ramanathapuram District, Ramanathapuram..