Madras High Court
J.Kandasamy vs Mr.S.Paramasivan on 28 March, 2023
Cont.P.No.686 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
Cont.P.No.686 of 2023
J.Kandasamy ...Petitioner
Vs.
Mr.S.Paramasivan
The Deputy Registrar,
Office of Deputy Registrar Co-operative Societies,
Sangari Zonal, Sangari
Salem – District. ...Respondent
Prayer: Contempt Petition filed under Section 11 of the Contempt of
Courts Act, 1971, to punish the respondent for committing contempt of the
court by willfully disobeying the order of this Hon'ble Court passed in
W.P.No.17480 of 2022, dated 11.07.2022.
For Petitioner : Mr.M.Rajaraman
For Respondents : Mr.B.Vijay,
Additional Government Pleader
ORDER
Read this order in continuation of and conjunction with order dated
21.03.2023 that reads as follows:-
“ Mr.Murali, learned Government Advocate
accepts notice for the respondent and assures the
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Cont.P.No.686 of 2023
Court that order dated 11.07.2022, as against
which contempt is alleged, will be complied with,
within a period of one (1) week.
2. Mr.M.S.Palanisamy, learned counsel on
behalf of the Special Officer, No.10606,
Nedunkulam Primary Agricultural Co-operative
Credit Society, Nedunkulam intervenes to state that
the petitioner has, not just, received order dated
24.08.2012, but has filed C.M.A.(CS)No.2 of 2013
before the Principal District Judge, Salem, which
has been dismissed for non-prosecution on
14.02.2018.
3. The writ affidavit at paragraph 8 refers to
a possible challenge to surcharge order dated
24.08.2012, which the petitioner was unable to
avail, since he was not furnished with the certified
copy of the 87 surcharge order.
4. If the submissions of Mr.Palanisamy are,
indeed, correct, this amounts to gross suppression
of fact, on the basis of which order dated
11.07.2022 has been obtained.
5. In order to enable the learned counsel for
the petitioner to obtain instructions in writing, list
on 28.03.2023.
6.Print the name of Mr.M.S.Palaniswamy,
learned counsel for Special Officer, No.10606,
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Cont.P.No.686 of 2023
Nedunkulam Primary Agricultural Co-operative
Credit Society, Nedunkulam in the cause list.”
2. Today, there is an affidavit filed by the petitioner expressing
unconditional apology reading as follows:
1, J.Kandasamy, Son of K. Jeyaraman, Hindu, aged, 54 years,
residing at, Paaviya Kaatu valasal, Nedugulam Post,
Edapadi Taluk, Salem District, now Temporarily come down
to Chennai, do hereby solemnly affirm and sincerely state as
follows:-
“1). I state that I am the petitioner herein as well as in the
main writ Petition and as such I am conversant with the facts
and circumstances of the case.
2). I most humbly submits that, while I was working as
Assistant Secretary in the Nedungulam Primary Agricultural
Co-operative Credit Society, due to certain misappropriation
done by then President and Secretary of the Society, I was
appointed as an in-charge secretary with effect from
15.02.2011 and on 24.02.2011 the respondent has ordered
enquiry under section 81 of Co-operative societies Act 1983.
During the short period I am not at all responsible for any
misappropriation and loss to the Nedungulam Primary
Agricultural Co-operative Credit Society. But unfortunately I
was made as a scapegoat.
3). Unfortunately, the Deputy Registrar of the Co-operative
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Cont.P.No.686 of 2023
Society, Sangagiri has not conducted any enquiry as
enshrined u/s-87 of the Co-operative Society Act and Rules
and without following the principles of natural justice has
passed Surcharge Order dated 24.08.2012 including against
me, which was published widely in the newspapers and I was
terminated from the service without any proper enquiry and
taking advantage of the same my ancestral property and self-
acquired property of my father, my wife and my sister has
been brought for auction and sold the same in the public
auction without following the procedures.
4). 1 most humbly submit that because of the allegation in the
newspapers and termination from service, my wife and two
children's are abandoned from my me and due to the stress
and strain, mental pressure I was depressed and I am not in
control of take caring of all legal proceedings and others
things and even I am not able to manage day to day activities.
In the meanwhile through one trail court advocate I handed
over the papers and request them to save my life, job and to
protect my agricultural property. Unfortunately due to non-
arranging of legal fees, due to loss of my employment and
there was misunderstanding between myself and trail court
advocate. Hence they are not informed any of the legal
proceeding to me.
5). It is pertinent to submit that after lapse of 10 Years at the
intervention of family members my wife now taking care of
legal proceedings and engaged the present counsel on record
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Cont.P.No.686 of 2023
to redress our grievances. Since the previous legal
proceedings are not properly known to me and there was lack
of knowledge in the legal proceedings, under the bonafide
impression I made representation to the respondent to furnish
the surcharge order on 24.03.2022 and 16.05.2022 and there
was no reply from the respondents for the past 2 months. If,
the respondent has sent any reply I will not approach this
Hon'ble Court.
Hence I filed writ petition only on 02.07.2022 in WP
No. 17480 of 2022 and averred in para-8, that the certified
copy of the surcharge order not furnished to me and same
was disposed even at the admission stage by recording
submission of the Special Government Pleader by an order
dated 11.07.2022 in para-3 as follows:
"3. The learned Special Government Pleader for
the respondent submits that the certified copy of the
surcharge order will be furnished to the petitioner,
within a period of four weeks from the date of
receipt of a copy of this order.",
6). I most humbly submit that since the same was not
complied again I was constrained to file this contempt
petition and same was came up for admission on 21.03.2023
knowing the same at the admission stage itself the counsel for
the Special officer of the society appeared and produced the
judgment passed in CMA. (CS) No. 02 of 2013 and pointed
out the appeal was pleased to dismiss for non-prosecution by
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Cont.P.No.686 of 2023
an order dated 14.02.2018 and same was properly
communicated to me and on verification I realized that it is
grave mistake done by me due to stress and strain and
separation of family members for the past 10 Years because
of the termination of service, and brought the agricultural
property for auction.
Hence I hereby tender my unconditional apology and I
pray this Hon'ble court may be pleased to accept this affidavit
and by considering my pathetic situation and permit me to
withdraw the present Contempt Petition and thus render
justice.”
3. In light of the above explanation, this Contempt petition is closed.
No costs.
28.03.2023
mpl
Index : Yes/No
Speaking Order/Non speaking Order
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Cont.P.No.686 of 2023
DR.ANITA SUMANTH,J.
mpl
Cont.P.No.686 of 2023
28.03.2023
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