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2.3. It is stated that since the Tittakudi Taluk Co-operative Housing Society was not having sufficient funds, the second respondent has advised the petitioner (AR.Shanmugamurthy) to borrow money from the Tamil Nadu Electricity Board Employees Co-operative Building Society, Swami Sagachananda Co-operative House Sites Society, Gingee Co-operative Housing Society, Tindivanam Co-operative House Building Society, Vanur Taluk Co-operative Housing Society, and Padaleeswarar Co-operative Building Society on interest basis. Based on the advise, it is stated that he has placed the matter before the general body of the Tittakudi Taluk Co-operative Housing Society, which has passed an unanimous resolution to purchase lands from R.Krishnasamy Padayachi and form layout, authorizing him to get permission from the Registrar of Co-operative Societies (Housing), Chennai.

(iv)that the engineer's certificate should be obtained; and
(v)that the legal opinion with regard to the marketable title of the land should be obtained from the local Government Pleader.

2.5. It is stated that in W.P.No.47776 of 2006, the petitioner has obtained loan from Tindivanam Co-operative Building Society and the said society has paid the vendor directly a sum of ` 4 Lakhs as advance and an agreement was entered into with the vendor. The time for completing the contract was one year. It is stated that in W.P.No.47776 of 2006, the petitioner himself has entered into a contract, as there will be delay in getting permission from the Registrar and by that time the price will be increased. According to him, there was no material loss to the society because of the contract of sale and it was conducted in the best interest of the Tittakudi Taluk Co-operative Housing Society and the conditions imposed by the Registrar of Co-operative Societies (Housing), Chennai were strictly adhered to.

3.2. After obtaining permission, the petitioner in W.P.No.49118 of 2006 (M.Jayaraman) entered into an agreement with the owners of the land on 13.1.1996 and paid advance of ` 1 Lakh and subsequently paid ` 10,81,000/- as part payment of purchase money to the vendors and the said money was borrowed by M.Jayaraman from various housing societies as per the direction of the second respondent.

3.3. The petitioner in W.P.No.49118 of 2006 (M.Jayaraman) was relieved of his additional charge and the petitioner (AR.Shanmugha Murthy) took additional charge on 19.6.1996 and afterwards, the petitioner on coming to know about the agreement dated 13.1.1996 took further steps to pay the balance purchase money. There was pressure since, as per the agreement, the contract has to conclude by 13.1.1997 and out of the total sale consideration of ` 26,04,013/-, the petitioner in W.P.No.49118 of 2006 (M.Jayaraman) has paid ` 11,81,000/- and the petitioner, on the direction of the second respondent, has borrowed ` 1 Lakh from Tindivanam Co-operative House Building Society and paid the same to the vendors. He has also used some of the fixed deposits and share capital to pay the vendors. The elected Board thereafter paid the balance sale consideration being ` 9,34,013/- to the vendors during February-March, 1999 and got the sale deeds registered in the name of Vanur Taluk Co-operative Housing Society on 9.2.1999, 5.3.1999 and 10.3.1999.

4.4. However, in the surcharge proceedings, the petitioner in W.P.No.49118 of 2006 was held responsible for the loss of ` 66,666.65. Against the same, the petitioner filed C.M.A.No.7 of 2000 before the first respondent, who has dismissed the appeal on 31.7.2006.

5.1. Similarly, during the tenure of the petitioner in W.P.No.7764 of 2007 (AR.Shanmugha Murthy) as Special Officer of the Tindivanam Co-operative Housing Society between 8.6.1995 and 31.10.1996, he has taken steps to purchase lands for the purpose of the benefit of the members and he has identified the properties adjacent to G.S.T.Road and contacted the owners Safiyulla Basha and Malliga Begam and offered to purchase the property for ` 17,29,073/- with the approval of the General Body of the Tindivanam Co-operative Housing Society. He sought permission of the Registrar and the same was granted on 21.8.1995. He has paid ` 3,10,000/- to vendors and entered into an agreement with them on 14.8.1995. He purchased the properties from the vendors under two sale deeds on 15.3.1996 and under various sale deeds on 11.4.1996, 26.7.1996 and 18.9.1996. He has also sold various plots and the last plot was sold on 21.3.1997 and a total sale consideration of ` 19,09,305/- was collected by the Tindivanam Co-operative Housing Society and he has submitted the account to show that the society earned a profit of ` 1,79,332/- from the sale of house sites and there was no loss to the Tindivanam Co-operative Housing Society.