Madras High Court
I.Chandrasekaran(58 vs Registrar Of Co-Operative Societies on 10 September, 2025
W.P.(MD) No.13453 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 06.08.2025
Pronounced On : 10.09.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.P. (MD) No.13453 of 2017
I.Chandrasekaran(58,/17),
S/o.Ilangaisamy,
Co-operative Sub Registrar, (Rtd)
MIG 476, Nethaji Nagar,
New Housing Unit,
Thanjavur - 613 005. ... Petitioner
Vs.
1. Registrar of Co-operative Societies,
NVN Natarajan Maaligai,
No. 170, EVR Periyar High Road,
Kilpauk, Chennai-10.
2. The Regional Joint Registrar of Co-operative Societies,
Thanjavur Region,
Samiyappa Co-operative Training Institute Campus,
Medical College Road, Thanjavur.
3.The Circle Deputy Registrar of Co-operative Societies,
Thanjavur Circle,
Samiyappa Co-operative Training Institute Campus,
Medical College Road,
Thanjavur.
4.The Regional Deputy Registrar of Co-operative Societies,
(Housing) Ramalingasamy Niliyam,
1/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 08:17:10 pm )
W.P.(MD) No.13453 of 2017
Deniel Thomus Nagar,
Thanjavur - 613 007. ... Respondents
PRAYER:
To issue a Writ of Certiorarifed Mandamus or any other
appropriate writ order or directions in the nature of the writ, calling for
the records relating to the impugned conditional retirement order made in
Na.Ka.6374/2017ka dated 31.05.2017 by the 2nd respondent, quash the
same and consequently direct the 4th respondent to draw and disburse all
petitioner's retirement benefits and to pass such further order or other
suitable order as this Hon'ble Court may deems fit and proper in the
circumstances of the case and thus render justice.
APPEARANCE OF PARTIES:
For Petitioner : Ms.Nivedhitha, Advocate
for Mr.N.Mohideen Basha, Advocate
For Respondents : Mr.J.Ashok,
Additional Government Pleader
JUDGMENT
Heard.
2. The Petitioner was initially appointed as Junior Inspector, Co-
operative Societies, on 04.08.1986. He was subsequently promoted to
Senior Inspector and thereafter to the post of Co-operative Sub Registrar
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 08:17:10 pm )
on 30.03.1998. Upon attaining the age of superannuation on 31.05.2017,
he was issued an order dated 31.05.2017 (impugned in the writ petition)
stating that a sum of Rs.1,94,085.70 was due from him to the Alakudi
Primary Agricultural Co-operative Society. He was permitted to retire on
the condition that the said amount would be adjusted against the Death-
cum-Retirement Gratuity (DCRG) payable to him.
3. The Petitioner, aggrieved by the said order, filed the present writ
petition. When the matter came up for admission on 07.08.2017, this
Court observed that, in any event, the Petitioner could not be made liable
for the entire amount and that his liability should not exceed one-third,
considering the aspect of joint responsibility. On such calculation, the
Petitioner’s share was determined at Rs.64,695/-, which he agreed to pay.
The matter was thereafter directed to be posted for orders.
4. Upon notice from this Court, the 2nd Respondent filed a detailed
counter affidavit dated 24.09.2024. When the matter was listed on
30.07.2025, this Court directed both parties to appear for mediation in
the hope of an amicable settlement. However, the mediation report dated
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 08:17:10 pm )
05.08.2025 indicated that no settlement had been reached.
5. It is an admitted fact that the Petitioner was subjected to surcharge
proceedings under Section 87(1) of the Tamil Nadu Co-operative
Societies Act, pursuant to which a surcharge of Rs.1,94,085.70 was
imposed on the Petitioner and other employees of the society by order
dated 04.08.2011. The counter further states that the Petitioner preferred
an appeal before the Co-operative Tribunal, Thanjavur, in C.M.A. No.2
of 2012, which came to be dismissed on 20.04.2017.
6. In the meanwhile, the Petitioner was also subjected to disciplinary
proceedings under Rule 17-B, pursuant to which a punishment of
stoppage of increment for three years without cumulative effect was
imposed. The Petitioner preferred an appeal to the Government, and upon
consultation with the Tamil Nadu Public Service Commission, the
Government modified the penalty to stoppage of increment for one year,
with a specific direction that it would not affect his pensionary benefits.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 08:17:10 pm )
7. In the counter affidavit, it is stated that the Petitioner’s challenge
before the Tribunal having failed, the surcharge order has attained
finality, and consequently, the Petitioner is liable to pay the said amount.
It is further contended that the recovery can be effected from the DCRG
and leave salary, and hence, no interference is warranted.
8. Though the Petitioner contended in these proceedings that his
liability, at the maximum, would extend only to one-third of the
surcharge amount, such a contention does not appear to be the correct
position of law. The surcharge order has fixed liability on all the persons
responsible, and each of them is jointly and severally liable to discharge
the entire amount.
9. Accordingly, no case has been made out to warrant interference
with the impugned order. The writ petition is, therefore, dismissed. No
costs.
10.09.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 08:17:10 pm )
ls/ay
Index: Yes / No
Speaking Order / Non-speaking Order
Neutral Citation : Yes / No
DR. A.D. MARIA CLETE, J
ls
To
1. Registrar of Co-operative Societies,
NVN Natarajan Maaligai,
No. 170, EVR Periyar High Road,
Kilpauk, Chennai-10.
2. The Regional Joint Registrar of Co-operative Societies,
Thanjavur Region,
Samiyappa Co-operative Training Institute Campus,
Medical College Road,
Thanjavur.
3.The Circle Deputy Registrar of Co-operative Societies,
Thanjavur Circle,
Samiyappa Co-operative Training Institute Campus,
Medical College Road,
Thanjavur.
4.The Regional Deputy Registrar of Co-operative Societies,
(Housing) Ramalihgasamy Niliyam,
Deniel Thomus Nagar,
Thanjavur - 613 007.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 08:17:10 pm )
Pre-delivery Judgment made in
10.09.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 08:17:10 pm )
