Madras High Court
M.Govindammal vs The Deputy Registrar Of Co-Operative ... on 16 August, 2022
Author: C.Saravanan
Bench: C.Saravanan
W.P.Nos.21319 & 21328 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2022
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.Nos.21319 & 21328 of 2022
and
W.M.P.Nos.20325 to 20327 and 20330, 20331 & 20333 of 2022
1.M.Govindammal
2.S.T.Murugan ... Petitioners in W.P.Nos.21319 of 2022
3.P.Kaliammal
4.R.Pasumalai ... Petitioners in W.P.No.21328 of 2022
Vs.
1.The Deputy Registrar of Co-operative Societies,
Tindivanam Circle, Tindivanam,
Villupuram District.
2.The Administrator,
CL.SPL.61 Sathyamangalam Primary
Agricultural Co-operative Credit Society,
Sathyamangalam, Gingee Taluk,
Villupuram District. ... Respondents in both W.Ps.
Prayer in W.P.No.21319 of 2022: Writ Petition filed under Article 226 of
Constitution of India, for issuance of a Writ of Certiorari, to call for the
entire records relating to the impugned auction notice issued by the 1st
respondent in his proceeding No.C.E.P.No.03/2021-22, 06/2021-22 dated
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https://www.mhc.tn.gov.in/judis
W.P.Nos.21319 & 21328 of 2022
15.07.2022 and quash the same.
Prayer in W.P.No.21328 of 2022: Writ Petition filed under Article 226 of
Constitution of India, for issuance of a Writ of Certiorari, to call for the
entire records relating to the impugned auction notice issued by the 1st
respondent in his proceeding No.C.E.P.No.02/2021-22, dated 15.07.2022
and quash the same.
For Petitioner : Mr.C.Prakasam
(in both W.Ps)
For Respondents : Mr.M.Shahjahan
(in both W.Ps) Special Government Pleader
for R1
Mr.S.John J.Raja Singh
Additional Government Pleader
for R2
COMMON ORDER
Mr.M.Shahjahan, learned Special Government Pleader takes notice on behalf of the 1st respondent and Mr.S.John J Raja Singh, learned Additional Government Pleader takes notice on behalf of the 2nd respondent.
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2.The petitioners have challenged the impugned auction notices dated 15.07.2022 bearing reference No.C.E.P.No.03/2021-22, 06/2021-22 and C.E.P.NO.02/2021-22 issued by the 1st respondent seeking to auction the properties of the petitioners herein, in view of the Surcharge order dated 19.05.2022. The 2nd petitioner in respective writ petitions were the employee on 2nd respondent/Society and have suffered surcharge order under Section 87 of the Tamil Nadu Co-operative Society Act on 19.05.2022. The 2nd petitioners in the respective writ petitions have filed Statutory Appeal under Section 152 of the Tamil Nadu Co-operative Societies Act, 1983 in C.M.A.Nos.14 and 13 of 2022. They have also filed I.A.Nos.2 of 2022.
3.The specific case of the petitioners appears that the fraud was committed by the erstwhile Secretary by issuing fake receipts for deposits and thereby caused a huge loss to the 2nd respondent/Society. It is submitted that the 2nd petitioner in bot the cases are innocent employee of the 2 nd respondent/Society who have been unfairly proceeded in the surcharge proceeding under Section 87 of the Act.
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4.It is submitted that though the Secretary had committed suicide, no proposal has been made to recover the amount from the legal heirs of the deceased Secretary, who had committed a fraud and cheated the 2nd respondent/Society.
5.These writ petitions are disposed at the time time of admission, after hearing the learned counsel for the petitioners and the respondents, by directing the respondents to keep the proposed auction to be held on 23.08.2022 in terms of impugned auction notice dated 15.07.2022, in abeyance pending disposal of I.A.Nos.2 of 2022 in C.M.A.Nos.14 and 13 of 2022 against the surcharge order passed under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983 on 19.05.2022. All further rights of the petitioners will be subject to outcome of the order to be passed in respective petitions in I.A.No.2 of 2022 in C.M.A.Nos.14 and 13 of 2022.
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6.Accordingly, these writ petitions are disposed of with the above observations. No costs. Consequently, the connected miscellaneous petitions are closed. W.M.P.Nos.20330 and 20325 of 2022 are ordered.
16.08.2022 Index : Yes/No Internet : Yes/No Speaking/Non-speaking Order jas To
1.The Deputy Registrar of Co-operative Societies, Tindivanam Circle, Tindivanam, Villupuram District.
2.The Administrator, CL.SPL.61 Sathyamangalam Primary Agricultural Co-operative Credit Society, Sathyamangalam, Gingee Taluk, Villupuram District.
5/6https://www.mhc.tn.gov.in/judis W.P.Nos.21319 & 21328 of 2022 C.SARAVANAN, J.
jas W.P.Nos.21319 & 21328 of 2022 and W.M.P.Nos.20325 to 20327 and 20330, 20331 & 20333 of 2022 16.08.2022 6/6 https://www.mhc.tn.gov.in/judis