Madras High Court
Mm.35 vs The Deputy Registrar Of Co-Operative ... on 8 August, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
C.R.P.(MD).No.1384 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
C.R.P.(MD).No.1384 of 2022
and
C.M.P(MD)No.5736 of 2022
MM.350, Vaiyampatty Primary Agricultural
Co-operative Credit Society Limited,
Represented by its
President,
T.Arun Kumar. ... Petitioner
Vs
1. The Deputy Registrar Of Co-Operative Societies
O/o Deputy Registrar,
Kajamalai, Trichy - 20.
2. S. Muthusamy
(MM.350, Vaiyampatty Primary Agricultural
Co-operative Credit Society Limited,)
South Street,
Vaiyampatty Post
Manaparai Taluk, Trichirappalli District. ... Respondents
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
India to call for the records pertaining to the impugned judgment and decree
made in C.M.A(CS).No.25 of 2017 dated 03-12-2018 on the file of the
Principal District Judge, Tiruchirapalli and set aside the same and thereby allow
the subject revision petition.
https://www.mhc.tn.gov.in/judis
1/5
C.R.P.(MD).No.1384 of 2022
For Petitioner : Mr.P.R.Prithviraj,
For R1 : Mr.A.Basakaran
Additional Government Pleader
For R2 : Mr.S.Ramsundar Vijayaraj
ORDER
The President of Vaiyampatti Primary Agriculture Cooperative Credit
Society has preferred this civil revision petition as against the judgement and
decree passed in C.M.A(CS)No.25 of 1017 dated 03.12.2018.
2.The civil miscellaneous appeal is arising out of the order passed by
the first respondent under Section 87 of the Tamilnadu Cooperative Societies
Act, holding that the second respondent, the erstwhile President of the Society
along with the erstwhile Secretary of the Society has misappropriated a sum of
Rs.53,32,230/-. The said amount was confirmed in the enquiry conducted
under Section 81 of the Tamilnadu Cooperative Societies Act and the
consequential proceedings were initiated under section 87 of the Tamilnadu
Cooperative Societies Act. In the said proceedings, the first respondent has
passed an order directing the second respondent to pay the misappropriated
amount of Rs.53,32,230/- together with 17% interest along with the secretary of
https://www.mhc.tn.gov.in/judis
the Society one Ganeshwari. As against the order passed by the first respondent
under section 87 of the Tamilnadu Cooperative Societies Act, the second
respondent has filed an appeal before the Principal District Court. Trichy, in
C.M.A(C.S)No.25 of 2017. The Tribunal, vide its judgment and degree dated
03.12.2018, has allowed the appeal by setting aside the surcharge order passed
by the first respondent on 19.07.2017. However, without impleading the
petitioner Society as a party to the proceedings.
3.The learned Counsel appearing for the petitioner submits that the
amount has been misappropriated in the petitioner Society. However, the entire
proceedings have been taken place in the absence of the petitioner Society and
therefore it needs to be remanded back and the petitioner Society must be
provided an opportunity in the civil miscellaneous appeal.
4.Heard the learned Counsel on either side.
5.The entire proceedings are arising out of the affairs of the MM350
Vaiyampatty Primary Agricultural Co-Operative Credit Society. However the
appeal in C.M.A(CS)No.25 of 2017 was decided without providing sufficient
opportunity to the petitioner. On this ground alone, the judgment and decree
https://www.mhc.tn.gov.in/judis
passed by the learned Principal District Judge, Trichy in CMA(CS)No.25 of
2017 dated 03.12.2018 is set aside and the matter is remitted back for fresh
consideration by the learned Principal District Judge, Trichy. The learned
Principal Sessions Judge, Trichy shall decide the matter afresh, after affording
an opportunity to the petitioner Society. The petitioner and the respondents are
at liberty to raise their grounds in the civil miscellaneous appeal and the same
shall be considered on its merits and in accordance with the law.
6.Accordingly, this civil revision petition is disposed of. No costs.
Consequently, the connected miscellaneous petition is closed.
08.08.2024
NCC : Yes/No
Index : Yes / No
Internet: yes / No
LR
To
1. The Principal District Judge,
Tiruchirapalli.
2. The Deputy Registrar Of Co-Operative Societies
O/o Deputy Registrar,
Kajamalai, Trichy - 20.
3. The Section Officer, V.R.Section,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
B.PUGALENDHI, J.
LR
08.08.2024
https://www.mhc.tn.gov.in/judis
