Madras High Court
M.Thangavel vs The Deputy Registrar Of ... on 8 February, 2021
CRP.PD.No.3097 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.(PD).No. 3097 of 2016
and
C.M.P.No. 15788 of 2016
M.Thangavel ... Petitioner
Vs.
1.The Deputy Registrar of Co-operative Societies,
Pollachi, Market Road, Pollachi.
2.The Special Officer,
K-4218, Semmandampalayam,
Primary Agriculture Co-operative Bank,
Semmandampalayam,
Semmandampalayam Post,
Somanur Via, Palladam Taluk,
Coimbatore – 641 668. ... Respondents
PRAYER: The Civil Revision Petition is filed under Article 227 of the
Constitution of India praying to set aside the Judgment and Decree order
dated 03.06.2016 passed by the Learned Principal District Judge,
Coimbatore in C.M.A.No.85 of 2010 confirming the order dated 27.04.2007
passed by the Deputy Registrar of Co-operative Society in S.C.No.6 of 2006
Sa.Ba.
1/6
https://www.mhc.tn.gov.in/judis/
CRP.PD.No.3097 of 2016
For Petitioner : Mr.L.Mouli
For Respondents : Ms.T.Girijen (For R1)
Additional Government Pleader.
Mr.A.S.Balaji (For R2)
ORDER
The present Civil Revision Petition is directed as against fair and
decretal order passed in C.M.A.No.85 of 2010 dated 03.06.2016 on the file
of the Learned Principal District Judge, Coimbatore, thereby confirming the
order passed by the first respondent dated 27.04.2007 in S.C.No.6 of 2006
Sa.Ba., thereby the petitioner and others were directed to pay a sum of
Rs.94,12,721.01/-.
2. The Petitioner was while working as a Secretary of
Semmandampalayam Primary Agriculture Co-operative Bank, Coimbatore,
he along with others mis-appropriated to the tune of Rs.94,12,721.01/- and
after enquiry the surcharge proceedings was initiated and orders passed
under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983 and
thereby directed them to pay a sum of Rs.94,12,721.01/-.
https://www.mhc.tn.gov.in/judis/
CRP.PD.No.3097 of 2016
3. Aggrieved by the same, the petitioner filed appeal before the
Learned District Judge, Coimbatore/Co-operative Tribunal in C.M.A.No.85
of 2010 and the same was also dismissed and confirming the order passed
by the first respondent herein.
4. Aggrieved by the same, the present Civil Revision Petition has
been filed.
5. Learned counsel for the petitioner submitted that only in respect of
7th item of surcharge proceedings thereby directed the petitioner and others
to pay a sum of Rs.42,49,364/-. He further submitted that according to the
first respondent, there was no records in respect of disbursal of loan amount
to the beneficiaries.
6. Instead of producing the same by the first respondent, he directed
the petitioner to produce the same and as such, the entire proceedings
initiated by the first respondent in respect of 7th item is vitiated and liable to
be set aside.
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CRP.PD.No.3097 of 2016
7. On perusal of 7th item of surcharge proceedings with regard to the
disbursal of farm loan to the tune of Rs.42,49,364/-. There where 74 loans
were disbursed in fictitious names. There was no records to show the
beneficiary names in respect of disbursal of loan amount and no other
records are available. Further, there was no certificates issued by the Village
Administrative Officer in favour of the beneficiaries. Whereas, the amount
of Rs.42,49,364/- only disbursed in fictitious names. Therefore, the first
respondent as well as Learned District Judge, Coimbatore/Co-operative
Tribunal did not find any reason to interfere with the surcharge proceedings.
This Court also do not find any infirmity or illegality in the orders passed by
the first respondent as well as Learned District Judge, Coimbatore/Co-
operative Tribunal.
8. Accordingly, the Civil Revision Petition is dismissed. No Costs.
Consequently, the connected Civil Miscellaneous Petition is closed.
08.02.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
dm
https://www.mhc.tn.gov.in/judis/
CRP.PD.No.3097 of 2016
To
1.The Deputy Registrar of Co-operative Societies,
Pollachi, Market Road, Pollachi.
2.The Special Officer,
K-4218, Semmandampalayam,
Primary Agriculture Co-operative Bank,
Semmandampalayam,
Semmandampalayam Post,
Somanur Via, Palladam Taluk,
Coimbatore – 641 668.
https://www.mhc.tn.gov.in/judis/
CRP.PD.No.3097 of 2016
G.K.ILANTHIRAIYAN,J.
dm
CRP.(PD).No. 3097 of 2016
08.02.2021
https://www.mhc.tn.gov.in/judis/
