Madras High Court
K.K.159 vs The Deputy Registrar Of ... on 21 October, 2021
W.P.No.22412 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.22412 of 2021
& W.M.P.No. 23658 of2021
K.K.159, A.Sekarapatty Primary Agricultural
Cooperative Credit Society Ltd.,
Rep by its President
P. Chinnasamy,
A. Sekarapatty Village,
Adagapadi Post, Dharmapuri Taluk and District.
…. Petitioner
-Vs-
1.The Deputy Registrar of Cooperative Societies,
Dharmapuri.
2.The Cooperative Sub Registrar / Field Officer,
Harur, Dharmapuri District (Enquiry Officer).
…. Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorari, or any other appropriate
writ, direction or order in the nature of Writ, Calling for the records of
the 1st respondent in his impugned Pro. Na. Ka. No. 2046 / 2021 / Tho /
1/5
https://www.mhc.tn.gov.in/judis/
W.P.No.22412 of 2021
Sa. 1 dated 07.04.2021 and quash the same as unsustainable in law.
For Petitioner : Mr.R.Thamaraiselvan
For Respondents : Mr. U.Baranidharan
Government Advocate
ORDER
This writ petition has been filed challenging the impugned
proceedings of the 1st respondent dated 07.04.2021 wherein the 1st
respondent has initiated an inquiry under Section 81 of the Tamil Nadu
Cooperative Societies Act, 1988.
2. Heard learned counsel for the petitioner and learned counsel
appearing on behalf of the respondents.
3. The learned counsel for the petitioner raised several grounds
by questioning the proceeding initiated by the 1st respondent. In the
considered view of this Court, the inquiry conducted under Section 81 of
the Act is only a fact finding inquiry and till the report is utilised for
taking further action, no one can be said to be prejudiced and in fact no
https://www.mhc.tn.gov.in/judis/
W.P.No.22412 of 2021
opportunity is also contemplated while conducting the inquiry. The law
on this issue is too well settled by the judgment of the Hon'ble Division
bench in [ P.Krishnan Vs. Deputy Director of Industries and Commerce
and others] in 2020 2 Law Weekly 849.
4. In view of the above, this Court finds that the present writ
petition itself is not maintainable since it questions the inquiry initiated
under section 81 of the Act and the issue is squarely covered by the
judgment of the Hon'ble Division Bench referred supra.
5. This writ petition is dismissed accordingly. No costs.
Consequently, the connected miscellaneous petition is closed.
21.10.2021
sha
https://www.mhc.tn.gov.in/judis/
W.P.No.22412 of 2021
To
1.The Deputy Registrar of Cooperative Societies,
Dharmapuri.
2.The Cooperative Sub Registrar / Field Officer,
Harur, Dharmapuri District (Enquiry Officer).
https://www.mhc.tn.gov.in/judis/
W.P.No.22412 of 2021
N.ANAND VENKATESH, J.
sha/rka
Writ Petition No.22412 of 2021
& W.M.P.No. 23658 of2021
21.10.2021
https://www.mhc.tn.gov.in/judis/
