1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07/12/2011 C O R A M THE HONOURABLE Mr.JUSTICE V.RAMASUBRAMANIAN Writ Petition (MD) No.13907 of 2011 Subramanian ... Petitioner Vs 1.The Deputy Registrar, Office of the Co-operative Society, Gandhi Nagar, Musiri, Trichy District. 2.The Special Officer, R-592 Velakkanatham Primary Agricultural Co-operative Society, Veeramanipatti, Musiri Taluk, Trichy District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the first respondent to change the Enquiry Officer in pursuant to order of the first respondent vide in his proceedings in Na.Ka.No.1/2011 dated 21.04.2011. For petitioner ... Mr.S.Deenadayalan For Respondents R1 ... Mr.Alagathevan, Government Advocate R-2 Mr.D.Muruganantham, Addl. Govt. Pleader O R D E R The petitioner has come up with the above writ petition seeking a mandamus to direct the first respondent to change the Inquiry Officer. 2. Heard Mr.S.Deenadayalan, learned counsel for the petitioner. 3. The enquiry initiated against the petitioner is only under Section 81 of the Tamil Nadu Co-operative Societies Act 1983. A perusal of Section 81 would show that it is in the nature of a preliminary enquiry, conducted for the purpose of looking into the constitution, working and financial conditions of a registered Society or any alleged misappropriation, fraudulent retention of any money or property, breach of trust, corrupt practice or mismanagement in relation to that Society. The fact that it is in the nature of a preliminary enquiry is borne out by Sub Sections (4) to (6). Sub Section (4) prescribes a period of three months for completion of enquiry. Sub Section (5) enables the Registrar to withdraw any enquiry from any person and to hold it by himself. Sub Section (6) enables the Registrar to direct the Society to take remedial action on the basis of the result of the enquiry. Therefore, the enquiry under Section 81 is of preliminary nature. 4. After the enquiry under Section 81 is over, the Society may initiate surcharge proceedings under Section 87. It is only at that stage that civil consequences may fall upon a person against whom surcharge proceedings are initiated. Alternatively on the basis of the report under Section 81, the Board itself can be superseded under Section 88 or disciplinary proceedings can be initiated against employees or a dispute can be raised under Section 90. https://hcservices.ecourts.gov.in/hcservices/ 2 5. In other words, an enquiry under Section 81 is akin to an investigation at the stage of FIR, which may or may not ultimately turn out against the petitioner. In such circumstances, the question of changing the Enquiry Officer may not arise. Therefore, this writ petition is dismissed. It will be open to the petitioner to seek appropriate remedies as and when any consequential action is initiated on the basis of Section 81. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To 1.The Deputy Registrar, Office of the Co-operative Society, Gandhi Nagar, Musiri, Trichy District. 2.The Special Officer, R-592 Velakkanatham Primary Agricultural Co-operative Society, Veeramanipatti, Musiri Taluk, Trichy District. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.42908 RR SR : 29.12.2011 : 2p/4c W.P.(MD) No.13907 of 2011 and M.P.No.1 of 2011 07.12.2011 https://hcservices.ecourts.gov.in/hcservices/