The petitioner has filed this writ petition to issue a writ of Mandamus forbearing the 3rd respondent from proceed further pursuant to the enquiry Under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983, till the compliance report from the second respondent.
2. By consent of both parties, the main writ petition itself is taken up for final disposal.
3. The learned counsel for the petitioner would submit that the audit of the society was carried out by the Department auditors for the year 2013-2014. The auditor has shown as if the society sustained a loss of Rs.28,00,000/-. When the management perused the report, it was found that the auditor has manipulated entries and made false entries for showing the loss. Then, the petitioner's society requested the second respondent and its superior on 04.04.2016 for re-auditing. The first respondent ordered for an enquiry on 13.08.2015 under Section 81 of the Tamil Nadu Co-operative Societies Act to look into the matter. Yet, the enquiry has not been completed. The first respondent suspended the Secretary of the Institution in its proceedings dated 27.08.2015. This order was challenged by the Secretary in W.P.No.32099 of 2015 dated 27.11.2015 and he got interim stay from this Court. The petitioner submitted representation on 20.04.2016 and a reminder on 28.04.2016 requesting to proceed with the enquiry after re-audit is over. But, the first respondent insisted on the completion of enquiry which according to him has no relevance to audit. Meanwhile, the third respondent sent a summon on 20.04.2016 to the Secretary that an enquiry will be conducted on the defects mentioned in the audit report. Thus, the first and third respondents differ in their contentions. Hence, the petitioner has filed this writ petition forbearing the 3rd respondent to proceed further pursuant to the enquiry.
4. The first respondent has filed counter affidavit by stating that the enquiry was completed on 11.05.2016 and the same has been submitted to the first respondent for appropriate action.
5. In view of th above said fact, nothing survives in the present Writ petition. However, liberty is granted to the petitioner to agitate the matter, if so advised, before the appropriate forum.
6. The Writ petition is disposed of with the above directions. Consequently, connected miscellaneous petition is closed. No costs.
12.06.2017 kak/lok Index : Yes/no Internet :Yes/No Speaking order/Non speaking order D.Krishnakumar,J.
kak/lok To
1. The Deputy Registrar of Co-operative Societies, No.6, Thulasingam Street, Sankaranpalayam, Vellore 632 001, Vellore District.
2. The Assistant Director of Co-operative Audit, Officer's Line, Vellore, Vellore District.
3. The Enquiry Officer (Under Section 81), C.950, Vellore District Police Department Co-operative Society, Vellore 9.
W.P.No.17866 of 2016 and W.M.P.No.15559 of 2016 12.06.2017 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.06.2017 CORAM THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR CRP(NPD).No.3302 of 2016 A. Srimathi ..Petitioner Vs.
Bala Mandir Kamaraj Trust, Represented by its Social Worker Ms. K. Chitra Krishnan Having office at No.10, No.126, G.N.Chetty Road, T.Nagar, Chennai 600 017 ..Respondent PRAYER:
Civil Revision Petition is filed under
Article 227 of the Constitution of India to set aside the Judgement and Decree dated 17.06.2016 passed by the Principal Judge, City Civil Court, Chennai in Adoption O.P.No.77 of 2016.
The petitioner has filed this Civil Revision Petition to set aside the Judgement and Decree dated 17.06.2016 passed by the Principal Judge, City Civil Court, Chennai in Adoption O.P.No.77 of 2016.
2. On 02.06.2017, this Court, by consent of both parties, referred this revision to the Tamil Nadu Mediation Centre for settling the issues. Both parties were directed to appear before the Mediator on 06.06.2017. The above Medication Centre was also informed to submit the report before this Court on or before 08.06.2017.
3. Today (12.06.2017) the report has been received from the Tamil Nadu Mediation and Conciliation Centre. It is submitted that the parties entered joint memo of compromise and the same has been settled amicably. Therefore, the above report shall form the part of the Order.
4. The Civil Revision Petition is disposed of with no order as to costs. The counsel for the petitioner has agreed that a sum of Rs.5,000/- (Rupees Five Thousand Only) as remuneration fees will be paid to the Tamil Nadu Mediation and Conciliation Centre.
12.06.2017 kak/lok D.Krishnakumar,J.
Kak/lok To The learned Principal Judge, City Civil Court, Chennai.
CRP(NPD).No.3302 of 2016 12.06.2017