Madras High Court
K.Tamilselvan vs The District Registrar Of Co-Operative ... on 17 April, 2017
Author: S.S.Sundar
Bench: S.S.Sundar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.04.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
W.P.(MD).No.6846 of 2017
K.Tamilselvan ..Petitioner
Vs.
1. The District Registrar of Co-operative Societies,
Virudhunagar District, Virudhunagar.
2. The Deputy Registrar of Co-operative Societies,
Srivilliputhur, Virudhunagar District.
3. The Secretary,
Sp. Spl.33, Athikulam Primary
Agricultural Co-operative Society,
Athikulam Village, Srivilliputhur Taluk,
Virudhunagar District.
4. Mr. Ganasekaran .. Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to
complete the enquiry initiated on the petitioner's representation, dated
30.10.2016 within the stipulated period which this Court may deem fit and
proper.
!For Petitioner : Mr.G.Marimuthu
^For R-1 to R-3 : Mr.J.Gunaseelan Muthaiah,
Government Advocate.
:ORDER
This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to complete the enquiry initiated on the petitioner's representation, dated 30.10.2016 within the stipulated period which this Court may deem fit and proper.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3.
3. Mr.J.Gunaseelan Muthaiah, learned Government Advocate, takes notice for the respondents 1 to 3. By consent, the Writ petition itself is taken up for final disposal.
4. The petitioner's case is that he is a member of the Co-operative Society, namely, the third respondent. The petitioner stated that one I.Natarajan has filed a complaint under Section 156(3) Cr.P.C., before the Judicial Magistrate Court No.II, Srivilliputhur, as against the fourth respondent herein and a case was registered in Crime No.880 of 2016 under Sections 409, 420, 294(b) and 506(ii) I.P.C. The fourth respondent was the Secretary of the said Co-operative Society and he also retired from service on 31.05.2014. It appears that there was an allegation against the fourth respondent and the Society, regarding some financial irregularities committed by the Secretary, namely, the fourth respondent as a result of which, the Society was put to financial loss. Since the fourth respondent was at the verge of retirement and he was not allowed to retire from service, it appears that the other members helped him by paying the money that was the alleged loss to the society caused by the irregularities committed by the fourth respondent and others. However, after the money was paid in full to the Society, it appears that proceedings were not initiated by the respondent for the alleged loss caused to the society. However, the fourth respondent failed to repay the money to the complainants. In such circumstances, the criminal complaint was made by the others as against the fourth respondent.
5. The petitioner has now filed the present Writ petition, directing the respondents 1 to 3 to complete the enquiry initiated on the petitioner's representation, dated 30.10.2016. The petitioner's representation is on the basis that there was a loss to the Society to the tune of Rs.43,00,000/- and that an action should be taken against the fourth respondent and others.
6. It is made clear that the petitioner wants to take action against the officials of the third respondent/Society for the alleged irregularities resulting in the loss to the Society to the tune of Rs.43,00,000/-. As stated earlier, the entire amount of Rs.43,00,000/- for which the fourth respondent was made liable had been settled by the other members of the Society, only to help the fourth respondent to retire peacefully.
7. It is in the present context, the other officers of the Society has filed the criminal case to recover the money from the fourth respondent which has nothing to do with the affairs of the Society. The present case therefore, is only an attempt to threaten the officials who are the complainants in the criminal case probably to intimidate them to withdraw the complaint.
8. In the circumstances of the case, this Court is not convinced that the petitioner has neither locus standi nor can be treated as a person interested in maintaining the Writ petition. Further, there is no cause of action. Hence, the Writ petition is dismissed. No costs.
To
1. The District Registrar of Co-operative Societies, Virudhunagar District, Virudhunagar.
2. The Deputy Registrar of Co-operative Societies, Srivilliputhur, Virudhunagar District.
3. The Secretary, Sp. Spl.33, Athikulam Primary Agricultural Co-operative Society, Athikulam Village, Srivilliputhur Taluk, Virudhunagar District. .