[Cites 3, Cited by 0]
Madras High Court
R.Soundharya vs ******** on 20 February, 2026
Author: R.Vijayakumar
Bench: R.Vijayakumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :20.02.2026
CORAM:
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
W.P(MD)No.29656 of 2025
and
W.M.P(MD)Nos.22946,22947 and 22948 of 2025
1.R.Soundharya
2.R.Vasantha Rani ... Petitioners/Petitioners
.Vs.
1. ********
2.The Joint Registrar of Cooperative Societies,
Karur Region, Karur.
3.The Joint Registrar of Cooperative Societies,
Tirunelveli Region,
Tirunelveli.
4.The Deputy Registrar of Cooperative Societies,
Karur Region,Karur.
5.The Deputy Registrar of Cooperative Societies,
Tirunelveli Region(PDS)
Tirunelveli.
1/8
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6.The Administrator,
Y.K.148, Karur Cooperative Press,
No.62, Pudu Theru,
Karur – 639 001.
(First respondent was deleted as per order of this Court made in
W.M.P(MD)No.3413 of 2026, dated 20.2.2026)
... Respondents/Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court to issue a Writ of Certiorari calling for
the records relating to the proceedings of the impugned notice in
Form No.2, dated 23.5.2025 on the file of fourth respondent and
the consequent impugned notice in Form NO.14(a) in E.P.No.11 of
2005, dated 17.09.2025, on the file of fourth respondent and quash
the same.
For Petitioner : M/s.K.Sasiprabha
For Respondents : Mr.D.Farjana Ghoushia
2 to 5 Spl.Govt. Pleader
For Respondent-6 : No appearance
ORDER
The present Writ Petition has been filed by the wife and
daughter of the deceased employee of the sixth respondent/Co-
operative Society challenging the order of attachment of salary
and the demand notice for recovery of the amount.
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2.According to the learned counsel for the Writ Petitioner,
the first Petitioner’s father Ramanathan had suffered surcharge
order under Section 87 of the Cooperative Societies Act on
4.11.2003. However, without challenging the same, he had passed
away on 23.7.2011. His retirement benefits were disbursed on
17.5.2012. The first Petitioner was granted appointment in the
sixth respondent society on compassionate grounds. Thereafter ,
the present impugned order has been passed to attach the salary
of the first petitioner and for the recovery of the above said
amount. Challenging the same, the present Writ Petition has been
filed.
3.According to the learned counsel for the Writ petitioner
either after the death of the father or while disbursing the
terminal benefits, the dues of her father were not brought to her
notice. Suddendly after a period of 13 years, the present demand
notice has been issued and her salary is sought to be attached.
According to her, liability to pay the amount will start only after
the death of the father and not before that. He further submits that
interest at 18% p.a, is on the higher side and the same shall be
reduced to 6%.
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4.Per contra, learned Special Government Pleader appearing
for the respondents 2 to 5 submitted that the Petitioner’s father
suffered a surcharge order on 4.11.2003 to the tune of Rs.
1,36,660/-.The said order has not been challenged at any point of
time. Therefore as on today huge amount is outstanding from the
family of the Writ Petitioner. She further points out that as per
Section 87 of the Cooperative Societies Act, after the death of the
father, the amount can be recovered from the legal heirs. She
further points out that the first Petitioner had got appointment on
compassionate grounds due to the death of her father and
therefore her salary was sought to be attached only as per the
rules of the Co-operative Societies Act and rate of interest cannot
be reduced. She further points out that the first Petitioner as well
as her mother had received terminal benefits and they have
inherited the property of the deceased employee. In such
circumstances, the liability of the first Petitioner cannot be
questioned. Therefore the order of attachment and the subsequent
demand notice issued by the concerned authorities are
sustainable.
5.I have heard the submissions made on either side and
perused the materials placed before this Court.
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6.As per Section 87 of the Tamil Nadu Cooperative Societies
Act, in case, if a person who suffers surcharge order had passed
away, the surcharge proceeding can be continued as against the
legal heirs upto the extent of the property which they have
inherited from the deceased employee.
7.In the present case, wife and daughter of the deceased
employee are the Petitioners and they are liable to pay the amount
on the death of the deceased employee on 23.7.2011. However they
have inherited the benefit of the deceased employee only on
17..5.2012.
8.In view or the above said facts, the Petitioners herein are
liable to pay a sum or Rs.1,36,660/-(award amount) along with
interest at the rate of 12% pa., from 1.8.2011 onwards. The said
amount shall be paid on or before 30.4.2026. In case of any non
payment, the respondents are at liberty to proceed against the
Petitioners in accordance with law.
9.With the above directions, the Writ Petition is partly
allowed to the extent as indicated above. No costs. Consequently,
connected Miscellaneous Petitions are closed.
20.02.2026
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NCS : Yes/No
Index : Yes / No
Internet : Yes / No
vsn
To
1. ********(deleted)
2.The Joint Registrar of Cooperative Societies,
Karur Region, Karur.
3.The Joint Registrar of Cooperative Societies,
Tirunelveli Region,
Tirunelveli.
4.The Deputy Registrar of Cooperative Societies,
Karur Region,Karur.
5.The Deputy Registrar of Cooperative Societies,
Tirunelveli Region(PDS)
Tirunelveli.
6.The Administrator,
Y.K.148, Karur Cooperative Press,
No.62, Pudu Theru,
Karur – 639 001.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/02/2026 12:48:22 pm )
R.VIJAYAKUMAR.,J.
vsn
ORDER MADE IN
and
W.M.P(MD)Nos.22946,22947 and 22948 of 2025
20.02.2026
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