Madras High Court
V.Rajakumar vs Trd 1616 on 2 September, 2022
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.15996 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2022
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.15996 of 2022
and
W.M.P.Nos.15316 and 15319 of 2022
V.Rajakumar ... Petitioner
Vs.
1.TRD 1616, Sathiamangalam
Milk Producers Cooperative Society,
Sathiyamangalam Post,
Kulithalai Taluk,
Karur District – 639 120.
2.The Deputy Registrar (Dairying),
Karur. ... Respondents
Prayer: 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 order dated 25.09.2018 made in surcharge order Tha.Va.1/2017-
18 passed by the 2nd respondent, quash the same as null and void.
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https://www.mhc.tn.gov.in/judis
W.P.No.15996 of 2022
For Petitioner : Mr.R.Sethupandian
For Respondents : Mr.I.John Arockiadoss
for R1
Mr.Naveen Kumar
Government Advocate
for R2
ORDER
Mr.M.Shahjahan, learned Special Government Pleader takes notice on behalf of the 1st to 4th respondents.
2.The writ petition has been filed by the petitioner challenging the impugned surcharge order passed by the 2 nd respondent in his proceedings dated 25.09.2018 bearing reference No. Tha.Va.1/2017-18 .
3.The specific case of the petitioner is that petitioner was not responsible for any loss and that petitioner has been made liable for the past losses as well.
4.The learned counsel for the petitioner is strongly relied on the decision of the Hon'ble Division Bench of this Court in S.Ramadevi Vs. 2/6 https://www.mhc.tn.gov.in/judis W.P.No.15996 of 2022 Special Officer, Ambur Co-operative Sugar Mills, Vadapudupet, Vellore District and others, (2016) 6 MLJ 485.
5.The writ petition is opposed by the learned counsel for the respondents stating that the petitioner has an alternate remedy under Section 152 of the Tamil Nadu Co-operative Societies Act, 1983 and that petitioner was solely responsible for the loss caused to the Society and that the said society is under liquidation on account of the loss caused by the petitioner.
6.I have considered the arguments advanced by the learned counsel for the petitioner and the learned counsel for the respondents.
7.The petitioner has not made out a case for interference at this stage on merits. A reliance is placed on the decision of the Hon'ble Division Bench of this Court in S.Ramadevi Vs. Special Officer, Ambur Co-operative Sugar Mills, Vadapudupet, Vellore District and others, (2016) 6 MLJ 485 cannot be apply straight away the facts of the case in which the aforesaid case, an surcharge order came to be passed on 03.11.2001 holding the 3/6 https://www.mhc.tn.gov.in/judis W.P.No.15996 of 2022 appellant therein guilty of mis-appropriation, an order was assailed by the appellant therein before the Co-operative Tribunal in CTA.No.11 of 2002 which the appeal was allowed on 24.11.2001 for set aside the surcharge order on the ground that there is no willful negligence on the part of the appellant therein and therefore there is no violation of Principles of natural Justice.
8.In this background, the 1st respondent therein namely the Special Officer, Ambur Co-operative Sugar Mills has filed the writ petition before this Court in W.P.No.7211 of 2004 which was allowed by the learned Single Judge of this Court on 30.07.208. It is in the above background, the order came to be passed by the Hon'ble Division Bench of this Court in the above case namely the said decision cannot be applied to the facts of the case. It is open for the petitioner to work out his remedy before the Appellate Authority under Section 152 of the Co-operative Societies Act, 1983.
9.Considering the fact that the impugned order dated 25.09.2018 and the time for filing the revision petition would have expired. The delay is condoned, subject to the petitioner filing such petition/revision under Section 4/6 https://www.mhc.tn.gov.in/judis W.P.No.15996 of 2022 152 of the Act within a period of 30 days from the date of receipt of a copy of this order. All the issues are left open to the petitioner shall be canvassed before the appropriate forum under Section 152 of the Act.
10.Accordingly, this writ petition stands dismissed with the above observations. No costs. Consequently, connected miscellaneous petitions are closed.
02.09.2022 Index : Yes/No Internet : Yes/No Speaking/Non-speaking Order jas To
1.TRD 1616, Sathiamangalam Milk Producers Cooperative Society, Sathiyamangalam Post, Kulithalai Taluk, Karur District – 639 120.
2.The Deputy Registrar (Dairying), Karur.
5/6 https://www.mhc.tn.gov.in/judis W.P.No.15996 of 2022 C.SARAVANAN, J.
jas W.P.No.15996 of 2022 and W.M.P.Nos.15316 and 15319 of 2022 02.09.2022 6/6 https://www.mhc.tn.gov.in/judis