Madras High Court
V.Vimala vs The Registrar Of Co-Operative ... on 4 March, 2024
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.A.(MD)No.1215 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.03.2024
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
AND
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.A.(MD)No.1215 of 2017
V.Vimala .. Appellant/writ petitioner
Vs.
1.The Registrar of Co-operative Societies/
Special Officer of Co-operative Society,
E.V.R.Highways,
Kilpak, Chennai.
2.The District Collector,
Ramanathapuram District,
Ramanathapuram.
3.The Assistant Director,
Co-operative Audit Department,
Roman Church Complex,
Ramanathapuram.
4.The Joint Registrar,
Co-operative Department,
Ramanathapuram.
5.The Deputy Registrar of Co-operative,
Co-operative Department,
Singarathoppu, Paramakudi,
Ramanathapuram District.
1/6
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1215 of 2017
6.The Special Officer,
R.D.C.C Bank,
Head Office, Vandikkara Street,
Ramanathapuram.
7.Yoga.Kottai Kannan
8.M.Meenakshi Sundaram .. Respondents/Respondents
PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent to set aside the
order dated 06.07.2017 passed in W.P(MD)No.1255 of 2017.
For Appellant : Mr.R.Babu Jaganath
For Respondents : Mr.M.Prakash
Addl. Govt. Pleader for R1 to R5
:Mr.D.Shanmugaraja Sethupathi for R6
: Mr.Y.Prakash for R8
: No appearance for R7
JUDGMENT
(Judgment of the Court was delivered by V.BHAVANI SUBBAROYAN, J.)
The appellant is the petitioner before the writ Court. She filed the
writ petition seeking for issuance of writ of mandamus directing the
respondents 1 to 6 to take action as against the respondents 7 and 8 on the basis
of the complaint (representation) of the petitioner dated 05.04.2017. The writ
https://www.mhc.tn.gov.in/judis
Court was of the view that there was no material available to make out a case
against the respondents 7 and 8, who are the President and Secretary of the
Kavadipatti Primary Agricultural Cooperative Credit Society, Kamuthi Taluk,
Ramanathapuram District, and also had a prima facie view that the said
complaint was a motivated one with some malice intention. Hence, the writ
petition was dismissed. Challenging the same, the appellant filed this appeal
before this Court.
2. The learned Additional Government Pleader, on instructions would
submit that already the Joint Registrar, Co-operative Societies, Paramakudi,
Ramanathapuram District had given an instruction vide his proceedings dated
03.11.2017 in Na.Ka.No.1785/2017 Sa.Pa(3) wherein he had instructed to take
appropriate action against the persons, who committed irregularities in the
matter of disbursing the agricultural loans and jewel loans during the year
2015-16 in Q1285 Kavadipatti Primary Co-operative Society and also in the
matter of waiver of agricultural loans availed by the medium and small farmers,
pursuant to the waiver scheme issued on 31.03.2016. Further, on receipt of the
complaints in this regard, in order to take proper action against the erring
officials under Section 81 of the Tamil Nadu Co-operative Societies Act 1983,
the Sub Registrar, Kamuthi was appointed as enquiry officer and accordingly,
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enquiry was conducted and the said appointment of enquiry officer was also
challenged before this Court in W.P(MD)No.3719 of 2019 since the said
enquiry officer was very much associated with the team that identified the list
of beneficiaries. Hence, vide order dated 08.12.2022 in W.P(MD)No.3719 of
2019, this Court remitted back the matter to the second respondent to appoint
some other enquiry officer and the same may be concluded within a period of
three months from the date of receipt of a copy of that order.
3. In view of the above, nothing survives in this writ appeal and
hence, this Writ Appeal is dismissed as infructuous. No Costs.
[V.B.S.,J.] [K.K.R.K.,J.]
04.03.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes
PJL
To
1.The Registrar of Co-operative Societies/
Special Officer of Co-operative Society,
E.V.R.Highways,
Kilpak, Chennai.
https://www.mhc.tn.gov.in/judis
2.The District Collector,
Ramanathapuram District,
Ramanathapuram.
3.The Assistant Director,
Co-operative Audit Department,
Roman Church Complex,
Ramanathapuram.
4.The Joint Registrar,
Co-operative Department,
Ramanathapuram.
5.The Deputy Registrar of Co-operative,
Co-operative Department,
Singarathoppu, Paramakudi,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
V.BHAVANI SUBBAROYAN, J.
and
K.K.RAMAKRISHNAN, J.
PJL
04.03.2024
https://www.mhc.tn.gov.in/judis
