Madras High Court
M.K.Sridharan vs The Joint Registrar Co-Operative ... on 25 August, 2023
W.A.(MD) No.1374 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.1374 of 2023
and
C.M.P.(MD)No.10656 of 2023
1.M.K.Sridharan
2.N.Govindaraj ... Appellants/Petitioners
-vs-
1.The Joint Registrar Co-operative Societies,
Tamil Nadu Co-operative Department,
Ramanathapuram District,
Ramanathapuram.
2.The Deputy Registrar Co-operative Societies,
Tamil Nadu Co-operative Department,
Paramakudi Circle, Paramakudi,
Ramanathapuram. ... Respondents /Respondents
PRAYER: Writ Appeal has been filed under Clause 15 of Letters Patent to set
aside the order, dated 02.06.2023 made in W.P.(MD)No.10949 of 2023 on the
file of this Court.
For Appellants : Mr.Raja. Karthikeyan
For Respondents : Mr.T.Villavankothai
Additional Government Pleader
____________
Page 1 of 7
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1374 of 2023
JUDGMENT
[Judgment of the Court was made by D.BHARATHA CHAKRAVARTHY, J.]
This Writ Appeal is filed aggrieved by the order of the learned Single
Judge dated 02.06.2023 made in W.P.(MD)No.10949 of 2023 by which the writ
petition filed by the petitioners was dismissed. In the writ petition, the
petitioners challenged the order of the Joint Registrar of Co-operative
Societies, Ramanthapuram, dated 07.10.2020 by which he granted
permission/sanction to initiate criminal proceedings against the petitioners.
2. The first petitioner is a retired Sub Registrar of Co-operative Societies
and he has reached the age of superannuation as on 31.05.2016. The second
petitioner was a Secretary of a Co-operative Society and reached the age of
superannuation as on 31.01.2018. Whileso after their retirement, permission
is granted for initiating criminal prosecution against them. It is the contention
of the petitioners that as per Section 164(3) of the Tamil Nadu Co-operative
Societies Act, 1983, when sanction is granted, a reasonable opportunity has to
be given to the persons concerned and in this case the impugned order of
sanction is passed without giving any opportunity. Therefore, the petitioners
challenged the said order.
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1374 of 2023
3. The learned Single Judge found that sanction was not necessary at all
in respect of the instant case as the petitioners were to be prosecuted for the
offences under the Indian Penal Code and therefore, there was no question of
grant of any opportunity before passing the sanction order and dismissed the
writ petition. Aggrieved by which, the present writ appeal is filed.
4. Mr.Raja. Karthikeyan, learned counsel appearing on behalf of the
appellants would submit that when a sanction order has been passed in
exercise of Section 164(3) of the Tamil Nadu Co-operative Societies Act, 1983
and when the said provision clearly makes it mandatory to give a reasonable
opportunity to the individual to represent his case, the impugned order is
liable to be quashed. He would submit that more so when the impugned order
is passed much after their retirement, the petitioners have valid reasons to
show cause and have facts to bring to the knowledge of the Joint Registrar
before any prosecution is launched against them. The learned counsel would
further submit that the conduct of 81 enquiry against them itself was
unwarranted after their retirement.
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1374 of 2023
5. Mr.T.Villavankothai, the learned Additional Government Pleader
appearing on behalf of the respondents would submit that after due
application of mind, a formal permission is granted. There was no question of
hearing the petitioners, who are accused of criminal offences before launching
of the prosecution.
6. We have considered the submissions made an either side and
perused the material records of the case.
7. Chapter XVIII of the Tamil Nadu Co-operative Societies Act, 1983
makes and enumerates certain act as offences punishable under the Co-
operative Societies Act. When the offences are defined and punishment are
provided from Sections 157 to 163 of the Co-operative Societies Act, Section
164 provides the manner in which, the cognizance of the offences can be
taken. While Section 164(1) holds that no Court inferior than that of a
Metropolitan Magistrate or a Judicial Magistrate shall try the offences.
Section 164(2) makes the offence as non cognizable. In case for prosecuting
the persons in respect of the said non-cognizable offences, a further provision
of previous sanction is provided under Section 164(3). When the petitioners
are to be prosecuted only for the offences under the Indian Penal Code, the
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1374 of 2023
same is absolutely not applicable. When the sanction itself was only
superfluous and unnecessary, there was no question of hearing the
petitioners. The petitioners being proposed accused, there can be no principles
of natural justice of hearing them before the registration of the case or before
investigation. The petitioners being accused of criminal offences, can have a
right of audience only during the trial and not before. Therefore, no exception
whatsoever can be taken for the findings of the learned Single Judge and the
conclusion arrived at.
8. In the result, the Writ Appeal stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
[S.S.S.R., J.] [D.B.C., J.]
25.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sji
To:
1.The Joint Registrar Co-operative Societies,
Tamil Nadu Co-operative Department,
Ramanathapuram District,
Ramanathapuram.
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1374 of 2023
2.The Deputy Registrar Co-operative Societies,
Tamil Nadu Co-operative Department,
Paramakudi Circle, Paramakudi,
Ramanathapuram.
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1374 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
sji
W.A.(MD) No.1374 of 2023
and
C.M.P.(MD)No.10656 of 2023
25.08.2023
____________
https://www.mhc.tn.gov.in/judis
