Madras High Court
D.Sathyamoorthy vs The Deputy Registrar Of on 12 August, 2014
Bench: Satish K.Agnihotri, M.M.Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.08.2014
Coram
The Honourable Mr.Justice SATISH K.AGNIHOTRI
and
The Honourable Mr.Justice M.M.SUNDRESH
W.A.No.1069 of 2014
and M.P.No.1 of 2014
D.Sathyamoorthy ... Appellant
Vs.
1. The Deputy Registrar of
Cooperative Societies,
Uthakamund
2. The Cooperative Sub-Registrar/
Information Officer,
Coimbatore District
Central Cooperative Bank,
Coimbatore
3. H.R.Gundan
Cooperative Sub-Registrar
Cooperative District
Central Cooperative Bank,
Coimbatore. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the Order dated 10.06.2014 in W.P.No.13614 of 2014.
For Appellant : Mr.L.Chandrakumar
For Respondents : Mr.R.Balaramesh,
Addl.Govt.Pleader
JUDGMENT
Challenging the proceedings of the 1st respondent in Tha.The.02/2004, dated 6.5.2014, the petitioner, who was an erstwhile Secretary of the Nilgiris District Teachers Cooperative Thrift and Credit Society, filed the writ petition before the learned single Judge.
2. Before the learned single Judge, it was contended by the appellant that the Order passed on the earlier occasion in W.P.No.34265 of 2013, dated 6.1.2014 has not been complied with. The copies of the documents have not been furnished. Based upon the report made under Section 82 of the Tamil Nadu Cooperative Societies Act, surcharge proceedings have been initiated. Therefore, the said surcharge memorandum will have to be set aside. The learned single Judge dismissed the writ petition by holding that the writ petition as filed is premature, the finding given by the learned single Judge at the earlier occasion in W.P.No.34265 of 2013 is per incuriam and the appellant has got alternative remedy to raise all these contentions during the proceedings. Accordingly, the writ petition was dismissed. Challenging the same, the present writ appeal has been filed.
3. After making submissions on merits, the learned counsel for the appellant submitted that the findings rendered by the learned single Judge may be deleted as the same would substantially affect the pending proceedings initiated under Section 87 of the Tamil Nadu Cooperative Societies Act.
4. Considering the said submission made, and without going into the merits of the case, we delete the findings rendered by the learned single Judge in the Order Order dated 10.06.2014 in W.P.No.13614 of 2014, while upholding the conclusion arrived at.
5. Accordingly, the writ appeal stands disposed of and the respondents are directed to proceed further and conclude the surcharge proceedings under Section 87 of the Tamil Nadu Cooperative Societies Act on merits and in accordance with law without being influenced by any of the observations made by the learned single Judge in the writ petition, against which the present writ appeal has been filed. However, there is no order as to costs. Consequently, the connected miscellaneous petition is closed.
(S.K.A.,J) (M.M.S.,J.) 12.08.2014
Index:Yes/No
SATISH K.AGNIHOTRI,J.
and
M.M.SUNDRESH, J.
usk
Internet:Yes
usk
Copy to:
1. The Deputy Registrar of
Cooperative Societies,
Uthakamund
2. The Cooperative Sub-Registrar/
Information Officer,
Coimbatore District
Central Cooperative Bank,
Coimbatore
3. H.R.Gundan
Cooperative Sub-Registrar
Cooperative District
Central Cooperative Bank,
Coimbatore.
W.A.No.1069 of 2014
12.08.2014