0IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.09.2017 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.24943 of 2005 And W.P.M.P.No.27322 of 2005 M.Jothiramalingam ... Petitioner Vs.
1. The Deputy Registrar of Co-op Societies, Tirutani Circle, Tiruvallur District.
2. The Enquiry Officer Co-op sub Registrar (Stores) O/o.Deputy Registrar of Co-op Societies, Tirutani, Tiruvallur District. ... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the entire records in so far it relates to the impugned order passed by the first respondent in his proceedings No.Na.Ka.190/2005/E1, dated 02.05.2005 and quash the same.
For Petitioner : Mr.C.Prakasam For Respondents : Mr.L.P.Shanmugasundaram Special Government Pleader (Co-op.) O R D E R The petitioner has filed this writ petition challenging the order dated 02.05.2005, wherein, enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act.
2. Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents.
3. On a perusal of the impugned order, it is internal mechanism of ordering enquiry with regard to the management of the affairs of the society. So, this Court under Article 226 of the Constitution of India cannot interfere with the internal mechanism of ordering enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act. There are certain procedures contemplated in the Tamil Nadu Co-operative Societies Act.
4. The very same issue has been discussed in the decision of this Court in W.P.No.20028 of 2001 (batch of writ petitions) in which, this Hon'ble Court has held as follows:
"In W.P.No.20028 of 2001, the Ex-
President seeks to challenge the enquiry ordered under Section 81 of the Act by proceedings dated 8.10.2001. In W.P.No.28262 of 2003, the very same petitioner seeks to challenge the inspection ordered under Section 82 of the Act in proceedings dated 29.7.2003. In W.P.No.21974 of 2003, the very same petitioner seeks to challenge the enquiry report dated 31.10.2002.
"39. Further, it is to be noted that after the initiation of the earlier enquiries under Section 81 of the Act in the year 1998 as well as in the year 2000, when another enquiry was ordered by proceedings dated 8.10.2001, the petitioners have successfully prevented the said enquiry to be proceeded with by preferring a Writ Petition in W.P.No.20028 of 2001. However, when the Registrar of Societies, Chennai ordered for informal enquiry through his subordinates by his order dated 15.4.2002, though there was an attempt to stall the said proceedings, fortunately, the same was not allowed by this Court when the Writ Petition in W.P.No.15789 of 2002 came to be dismissed on 20.9.2002. In fact, in the said order, the learned Judge made it clear that it is only a fact finding enquiry and that if based on the outcome of the said enquiry, if the Registrar of Co-operative Societies were to initiate any further enquiries under Sections 81 to 83 of the Act against the petitioners, there would be sufficient notice to the concerned parties and therefore, no prejudice would be caused to the petitioners in the event of any such enquiry being ordered. After all Under Sections 81 or 83, when an enquiry, inspection or investigation is ordered, as a result of such an enquiry or investigation, which would be held in the presence of the concerned individuals, it would only bring forth the true state of affairs in relation to maintenance of accounts, handling of funds or other properties of the society or any maladministration in the affairs of the society. Therefore, the contention that even the initiation of such an enquiry, inspection or investigation itself should not be allowed to take place at the threshold would be totally uncalled for".
5. Hence, this writ petition is dismissed as it is pre-mature in nature. However, it is open to the petitioner to work out his remedy in the manner known to law. No costs. Consequently, the connected miscellaneous petition is also closed.
19.09.2017 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To
1. The Deputy Registrar of Co-op Societies, Tirutani Circle, Tiruvallur District.
2. The Enquiry Officer Co-op sub Registrar (Stores) O/o.Deputy Registrar of Co-op Societies, Tirutani, Tiruvallur District.
M.DHANDAPANI,J.
pri W.P.No.24943 of 2005 And W.P.M.P.No.27322 of 2005 19.09.2017