Madras High Court
N.Nachammal vs The Deputy Registrar Of on 10 February, 2021
1/8
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 10.2.2021
CORAM
THE HON'BLE MR.JUSTICE B.PUGALENDHI
W.P.Nos.17538 of 2020,
27207 of 2017,
W.M.P.Nos.21731 of 2020
and
29137 of 2017
N.Nachammal Petitioner
vs.
1. The Deputy Registrar of
Co-operative Societies,
Dharapuram Circle, Dharapuram,
Tiruppur District.
2. The President,
K-328, Chinna Kumarapalayam Primary
Agricultural Cooperative Credit Society,
Chinna Kumarapalayam, Kurichikottai Post,
Udumalpet, Taluk, Tiruppur District. Respondents
Writ Petition No.17538/2020 filed under Article 226 of the
Constitution of India seeking issuance of a writ of certiorari calling for
the entire records relating to the impugned order passed by the 1st
respondent in his proceedings C.E.P.No.234/2019-2020 in Award
No.Na.Ka.890/2018/ Sa.Pa, dated 29.9.2020 and quash the same.
Writ Petition No.27207/2020 filed under Article 226 of the
Constitution of India seeking issuance of a writ of certiorari calling for
the entire records relating to the impugned order passed by the 1st
respondent in his proceedings C.E.P.No.75 of 2017-2018 /
R.C.No.3763/2017/SF dated 10.10.2017 and quash the same.
https://www.mhc.tn.gov.in/judis/
For Petitioner : Mr.C.Prakasam
For R1 : Mr.D.Venkatachalam, AGP (P)
For R2 : Mr.L.P.Shanmugasundaram,
Special Government Pleader
COMMON ORDER
These writ petitions are filed by the wife of the Secretary to the
Society Chinnakumarapalam Primary Cooperative Society.
2. The second respondent has ordered for a section 81 enquiry in
the year 2017 alleging certain irregularities as against one
Jaganathan, the husband of the petitioner and when that enquiry, was
pending, the second respondent had proceeded to attach the property
of the petitioner as against which, the petitioner had filed
W.P.No.27207 of 2017 and pending that writ petition, the second
respondent has proceeded with another section 81 enquiry and also
ordered a Surcharge Proceedings and brought the property of the
petitioner under auction by the impugned order dated 29.9.2020 and
aggrieved over the same, W.P.No17538 of 2020 came to be filed.
3. Mr.C.Prakasam, learned counsel appearing for the petitioner
submits that the petitioner is working as Accountant in a Private
Company at Udumalpet, Thirupur District and her house purchased by
herself alongwith her husband from a Finance Limited Company to the
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tune of Rs.14,00,000/- and she is also residing in the said house and
for the malpractices alleged to have been committed by the Cashier in
the Cooperative Society, an 81 enquiry was contemplated and the
petitioner's property is also subjected for attachment. He further
submits that now, the 81 enquiry is over but the respondents have
unilaterally taken a decision to attach the property of the petitioner
without any valid reasons.
4. Mr.D.Venkatachalam, learned Additional Government Pleader,
who takes notice for the respondent submits that these writ petitions
cannot be entertained in view of the decision in wherein a Division
Bench of this court in E.KALAIVANI V. COOPERATIVE SOCIETY
(2019 SCC ONLINE MADRAS 8436) has decided the similar issue as
under:-
"6. In our considered view, the learned Single Judge
rightly directed the appellant to approach the Sale
Officer and file a petition under Rule 135(2) of the
Tamil Nadu Cooperative Societies Rules, 1985 by
making a claim or objection by holding that without
doing so, the appellant could not have approached
the Writ Court. Ultimately, the said writ petition was
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dismissed.
... ... ....
12. Accordingly, the above writ appeal is dismissed
with a direction to the appellant to file
petition/objection under Rule 135 of the said Rules
within two weeks from the date of receipt of a copy of
this judgment. On receipt of the petition/objection,
the second respondent shall consider the same,
peruse the documents and pass a speaking order on
merits and in accordance with law. Till such orders
are passed, the property in question shall not be
brought for auction. However, the order of
attachment shall continue. This order will not cover
the other properties, which have been attached and
which appear to stand in the name of the appellant's
husband - M.Elango, Secretary of the said cooperative
society, who is presently under suspension. No costs.
Consequently, the connected CMPs are dismissed."
5. With regard to the writ petition filed against the order of
attachment is concerned, the learned counsel for the second
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respondent, co-operative society would submit that as against the
order of attachment, the petitioner is having a right of appeal before
the Co-operative Tribunal as per Section 152 of the Act and therefore,
she can very well file an Appeal. In this regard, the learned counsel for
the respondent has also relied upon the judgment of Division Bench of
this court reported in A.BALARAMAN & 3 OTHERS v. THE DEPUTY
REGISTRAR OF CO-OPERATIVE SOCIETIES, CHYYAR AND 2
OTHERS (2009-1-LW 681) wherein it has been held as under:-
"7. In view of the well-settled legal principle, it is
not possible for this Court to take a different view
and go against the order passed by the learned
Judge of the writ court. We do not find any error
in the judgment of the learned Judge of the writ
Court. We make it clear that it is open to the
petitioners to file an appeal before the Appellate
Tribunal. Since, the Tribunal also has power to
consider the prayer for interim protection; it is
open to the petitioners to ask for such protection.
However, we do not say anything on the merits of
the case of the petitioners. We also make it clear
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that if the Appellate Authority is approached
within ten days from the receipt of a copy of this
order, the Appellate Authority shall entertain the
appeal on file without insisting on the question of
limitation since the matter was kept pending in
this Court. With these observations, the writ
appeal is disposed of. We have not decided
anything on merit. All questions are kept open.
Consequently, connected miscellaneous petitions
are closed. However, there shall be no order as to
costs."
6. In view of the above specific stand taken by the respondents
that appeal remedy is available for the petitioner, both the writ
petitions are disposed of making it clear that the petitioner can very
well work out her remedy before the Appellate Authority/Sale Officer
within a period of one week from the date of receipt of copy of this
order and on such approach, the appeal/objection shall be taken up
immediately by the Appellate Authority/Sale Officer, without insisting
on the question of limitation and dispose of the same within a period of
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four weeks from the date of filing of such Appeal/Objections. No costs.
The connected Miscellaneous Petitions are closed.
10.2.2021.
Index: Yes/No.
ssk.
To
1. The Deputy Registrar of
Co-operative Societies,
Dharapuram Circle, Dharapuram,
Tiruppur District.
2. The President,
K-328, Chinna Kumarapalayam Primary
Agricultural Cooperative Credit Society,
Chinna Kumarapalayam, Kurichikottai Post,
Udumalpet, Taluk, Tiruppur District.
https://www.mhc.tn.gov.in/judis/
B.PUGALENDHI, J.
Ssk.
W.P.Nos.17538 of 2020 &
27207 of 2017
10.2.2021.
https://www.mhc.tn.gov.in/judis/
