(Order of the Court by T.S.SIVAGNANAM, J.,) Heard Mr.V.R.Venkatesan, learned counsel appearing for the petitioner, Mr.S.Chandrasekar, learned Government Advocate appearing for the respondents 1 to 3 and Mr.S.Seenivasagam, learned counsel appearing for the fourth respondent and carefully perused the materials placed on record.
2. This contempt petition has been filed alleging wilful disobedience of the Judgment, dated 29.07.2013, passed in W.A.(MD) No.502 of 2009.
3. The learned counsel appearing for the fourth respondent ? Society submitted that the review application, in Rev.Apl.(MD) No.82 of 2013, filed to review the Judgment, dated 29.07.2013, has been dismissed, vide order, dated 04.02.2015, with certain directions, which reads as follows: ?16.In the result, the Review Application is dismissed. No costs. However, we make it clear that the dismissal of the review application will not be an impediment for recovery of any amount due from the first respondent as per the order passed in surcharge proceedings. It is also open to the review applicant to implement the order passed in the surcharge proceedings as per law, if so advised.?
4. The learned counsel appearing for the fourth respondent submitted that the petitioner and the co-delinquents are jointly and severally liable to pay more than rupees thirty lakhs towards surcharge and whatever the retirement benefits due to the petitioner has been adjusted against the said surcharge and still there is a recovery of some more money. The challenge to the surcharge proceedings by the petitioner and the other co-delinquents was also unsuccessful as the writ petition filed by them has been dismissed. Further, it is informed that the contempt petitioner is no more.
5. In view of the above, the contempt petition is closed leaving it open to the legal heirs to workout their remedy in accordance with law. No costs.
To:
1.Sitharaman, The Registrar of Co-operative Societies, N.V.N.Maligai, Kilpauk, Chennai-600 010.
2.K.Gandhinathan, The Joint Registrar of Co-operative Societies, Madurai Road, Sivagangai-630 561.
3.K.Narasimman, The Deputy Registrar of Co-operative Societies, 5th Street, Karaikudi-630 001..