Madras High Court
N.Dilipkumar vs The Deputy Registrar Of Cooperative ... on 22 October, 2025
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
W.A.No.3158 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.A.No.3158 of 2025
and C.M.P.No.25703 of 2025
N.Dilipkumar ... Appellant
Vs.
1.The Deputy Registrar of Cooperative Societies,
Cuddalore Circle,
Cuddalore.
2.The Cooperative Sub-Registrar /
A Section Superintendent /
Inspection officer u/s 82 of the Act,
O/o Deputy Registrar of Cooperative Societies,
Cuddalore Circle,
Cuddalore. ... Respondents
Prayer: Writ Appeal is filed under Clause 15 of the Letters Patent,
praying to set aside the order passed in W.P.No.4799 of 2025, dated
15.09.2025 and consequently, quash the order of the 1st respondent in
Na.Ka.No.2675/2024 Ve(2024CUD18201) dated 15.10.2024.
For Appellant : Mr.M.S.Palaniswamy
For R1 and R2 : Mr.S.Ravikumar
Special Government Pleader
1/8
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W.A.No.3158 of 2025
JUDGMENT
(Judgment of the Court was delivered by S.SOUNTHAR, J.)
This intra court appeal is filed challenging the order passed by the
learned Single Judge dismissing the writ petition filed by the appellant
questioning the order passed by the 1st respondent ordering enquiry into
the affairs of Cuddalore District Central Co-operative Bank under Section
82 of Tamil Nadu Co-operative Societies Act, 1983.
2. The learned Single Judge dismissed the writ petition filed by the
appellant mainly on the ground that the 1st respondent, on his subjective
satisfaction ordered enquiry into the affairs of the Society and any report
filed pursuant to the enquiry will not affect the petitioner, as the purpose
of enquiry is mere fact finding in nature. Aggrieved by the same, the writ
petitioner/appellant has filed this appeal.
3. The learned counsel appearing for the appellant submitted that as
per Section 82 of Tamil Nadu Co-operative Societies Act, 1983, only a
Creditor of the Society can file an application before the 1st respondent
seeking enquiry under the said section and in the case on hand, as per the
reference in the impugned order, an enquiry was ordered by the 1st
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respondent based on the communication from the Assistant General
Manager (Administration), Cuddalore District Central Co-operative Bank
and the same is untenable in law. The learned counsel further submitted
that there was some prior enmity between the Assistant General Manager
(Administration) and the appellant/writ petitioner. Therefore, he furnished
false information to the 1st respondent and the same cannot be basis for
ordereing enquiry. The learned counsel also submitted that the procedures
contemplated under Rule 104 of the Tamil Nadu Co-operative Societies
Rules, 1988 have not been complied before ordering enquiry. An enquiry
under Section 82 of the Tamil Nadu Co-operative Societies Act, 1983 is
exploratory in nature and any adverse report will not cause any prejudice
to the writ petitioner. If the 1st respondent is satisfied based on the enquiry
ordered by him under Section 82 of the Tamil Nadu Co-operative
Societies Act, 1983, he can proceed further under Section 87 of said Act
and in that case, all the affected parties including the writ petitioner are
entitled to put forth their case. Adverse orders, if any can only be passed
after proper enquiry under Section 87 of the Tamil Nadu Co-operative
Societies Act, 1983. The scope of enquiry under Section 82 of the Tamil
Nadu Co-operative Societies Act, 1983 is exploratory in nature. The
object of the enquiry is to find any defect in affairs of the Society.
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Therefore, the impugned order passed by the 1st respondent ordering an
enquiry under Section 82 of the Tamil Nadu Co-operative Societies Act,
1983 per se will not cause any prejudice to the writ petitioner to enable
him to challenge the same.
4. The learned counsel appearing for the appellant vehemently
contended that the Assistant General Manager (Administration) is not a
Creditor of the Society and therefore, he cannot file an application
seeking an enquiry under Section 82 of the Tamil Nadu Co-operative
Societies Act, 1983. A close perusal of Section 82 of the Tamil Nadu Co-
operative Societies Act, 1983 would reveal that the 1st respondent either
on his own motion or on an application submitted by the Creditor of the
Society can order enquiry into the affairs of the Society. In the case on
hand, based on the letter addressed to him by the Assistant General
Manager (Administration), Cuddlore District Central Co-operative Bank
dated 05.10.2024, the 1st respondent ordered an enquiry. Certainly, the
Assistant General Manger (Administration) cannot be treated as Creditor
of the Society. However, the communication from him is the source of
information for the 1st respondent based on which, he got subjective
satisfaction about the need for enquiry under Section 82 of the Tamil
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Nadu Co-operative Societies Act, 1983 and accordingly, passed impugned
order.
5. When the 1st respondent has got power to order enquiry suo
motu, the impugned order passed by him based on the information
furnished by Assistant General Manger (Administration) cannot be
faulted. Therefore, this Court comes to the conclusion that the impugned
order has been passed by the 1st respondent based on his suo motu power
under Section 82 of the Tamil Nadu Co-operative Societies Act, 1983 and
not based on the application filed by the Creditor of the Society. Hence,
the said submission made by the learned counsel appearing for the
appellant is repelled.
6. The learned counsel also submitted that the procedures
contemplated under Rule 104 of the Tamil Nadu Co-operative Societies
Rules, 1988, have not been complied with in the instant case. The
procedures under Rule 104 of the Tamil Nadu Co-operative Societies
Rules, 1988, will get attracted only in cases where an application filed by
the Creditor of the Society. As mentioned earlier, based on the
information received by him, the 1st respondent passed the impugned
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order by exercising his suo motu power and hence, the procedures
contemplated under Rule 104 of the Tamil Nadu Co-operative Societies
Rules, 1988 are not attracted in the present case.
7. The learned counsel appearing for the appellant submitted that
there was enmity between Assistant General Manager (Administration)
and writ petitioner and hence, he furnished false information before the
1st respondent. A perusal of the writ affidavit would indicate that the writ
petitioner has not stated anything regarding enmity between writ
petitioner and Assistant General Manager (Administration) in his writ
affidavit. The oral submission made by the learned counsel appearing for
the appellant is not supported by the affidavit of the writ petitioner before
the Writ Court. In such circumstances, this Court is not inclined to
consider the said submission made by the learned counsel appearing for
the appellant.
8. As mentioned earlier, even in case of any adverse finding in the
enquiry under Section 82 of the Tamil Nadu Co-operative Societies Act,
1983, if any further action is taken by the 1st respondent, there will be an
enquiry and the petitioner will get an opportunity to put forth his case. In
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such circumstances, the impugned proceedings of the 1st respondent
ordering an investigative enquiry into the affairs of the Society has not
caused any prejudice to the writ petitioner. Therefore, we agree with the
conclusion of the learned Single Judge.
9. Accordingly, the Writ Appeal stands dismissed. No costs.
Consequently, the connected civil miscellaneous petition is closed.
(R.S.K., J) (S.S., J)
22.10.2025
Index : Yes
Speaking order : Yes
Neutral Citation : Yes
dm
To
1.The Deputy Registrar of Cooperative Societies,
Cuddalore Circle,
Cuddalore.
2.The Cooperative Sub-Registrar /
A Section Superintendent /
Inspection officer u/s 82 of the Act,
O/o Deputy Registrar of Cooperative Societies,
Cuddalore Circle,
Cuddalore.
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R.SURESH KUMAR, J.
and
S.SOUNTHAR, J.
dm
22.10.2025
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