THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.41518 of 2016 and W.P.M.P.Nos.35504 and 35505 of 2016 R.Kalaichelvan .. Petitioner vs.
1. The Deputy Registrar of Co-operative Societies, Nagappatinam Circle, Nagappatinam, Nagappatinam District.
2. The President, Z 719, Thittacheri Primary Agricultural Co-operative Credit Society Ltd., Purakiramam – 609 703, Nagappatinam District.
3. Mariappan .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records of the first respondent in Na.Ka.430/2015/Ku.Vi.Ka dated 10.03.2015 and the consequential report dated 17.06.2015 submitted by the third respondent u/s 81 of the Tamilnadu Co-operative Societies Act, 1983 and quash the same in so far as the petitioner is concerned.
For Petitioner : Mr.S.Kamadevan For Respondents : Ms.T.Girija, Government Advocate for R1 Mr.M.S.Palanisamy for V.Ravichandran for R2 No appearance for R3 ORDER This writ petition has been filed seeking to quash the proceedings of the first respondent in Na.Ka.430/2015/Ku.Vi.Ka dated 10.03.2015 and the consequential report dated 17.06.2015 of the third respondent, u/s 81 of the Tamilnadu Co-operative Societies Act, 1983.
2. Brief facts of the case is as follows :-
Pursuant to the enquiry conducted under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983, the petitioner was placed under suspension for the irregularities in the affairs of the 2nd respondent society. By proceedings dated 10.03.2015, the 1st respondent nominated 3rd respondent, to conduct the enquiry and he submitted three reports on 17.06.2015, holding the petitioner responsible for the irregularities. Based on the enquiry report, disciplinary proceedings and surcharge proceedings were initiated against the petitioner. Subsequently, criminal case was also registered against the petitioner and 11 others. Therefore, the petitioner has filed this writ petition seeking the aforesaid prayer.
3. During the course of arguments, the learned counsel for the petitioner fairly conceded that there is an appeal remedy available for the petitioner under Section 152 of the Tamil Nadu Co-operative Societies Act, 1983. However, the learned counsel for the petitioner seeks this Court to grant liberty to the petitioner to raise additional grounds, if any, before the Appellate Court.
4. The learned counsel for the respondents have no objection to permit the petitioner to raise additional grounds in the appeal filed under Section 152 of the Act, before the Appellate Court.
5. In view of the above submissions made by the learned counsel for the parties, the writ petition is dismissed as not maintainable. However, liberty is granted to the petitioner to file an appeal before the Appellate Authority, within a period of four weeks from the date of receipt of a copy of this order, if so advised. It is also open to the petitioner to raise additional grounds, if any. Registry is directed to return the original order to the learned counsel for the petitioner, after getting a copy of the said order. Consequently, the connected M.Ps are closed. No order as to costs.
04.09.2017
avr Index:Yes/No Internet:Yes/No To
1. The Deputy Registrar of Co-operative Societies, Nagappatinam Circle, Nagappatinam, Nagappatinam District.
2. The President, Z 719, Thittacheri Primary Agricultural, Co-operative Credit Society Ltd., Purakiramam – 609 703, Nagappatinam District.
D.KRISHNAKUMAR.J., avr W.P.No.41518 of 2016 and W.P.M.P.Nos.35504 and 35505 of 2016 04.09.2017