1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.824 of 2011 and M.P.No.1 of 2011 P.Chellamuthu : Appellant Vs. 1.The Commissioner of Agriculture/ The Registrar, Agriculture Engineering Service, Department of Agriculture, Chepauk, Chennai 600 005. 2.The Deputy Registrar, Agriculture Engineering Service, Department of Agriculture, Chepauk, Chennai 600 005. 3.The Senior Co-operative Sub Registrar/Enquiry Officer, Agriculture Engineering Service, Department of Agriculture, Chepauk, Chennai 600 005. : Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 03.08.2011 made in W.P.(MD).No.8447 of 2011 on the file of this Court. Writ petition filed under Article 226 of the Constituting of India praying for the issuance of a writ of Certiorarified Mandamus to call for the enquiry report in Na.Ka.No.80621/11/AES 4 dated 18/3/2011 on the file of third respondent and quash the same and consequently for bearing the second respondent from enforcing the surcharge proceedings on the basis of the impugned enquiry report dated 18/3/2011 passed by the third respondent. For Appellant : Mr.S.Sankhar Murali JUDGMENT [Judgment of the Court was delivered BY P.JYOTHIMANI, J] On the face of it, the filing of the Writ Appeal is misconceived. The learned Single Judge correctly, in our considered view, has https://hcservices.ecourts.gov.in/hcservices/ 2 considered that when the proceedings under Section 87 of the Tamil Nadu Co-operative Societies Act, [for short the Act"] has already been commenced, the Writ Petition filed to quash the Enquiry Report dated 18.03.2011 cannot be entertained. 2. In such view of the matter, we do not see any infirmity in the order of the learned Single Judge. Therefore, the Writ Appeal stands dismissed. However, it is always open to the appellant to raise whatever he has got about 81 enquiry during the enquiry to be conducted under Section 87 of the Act. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(AE ) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Agriculture/ The Registrar, Agriculture Engineering Service, Department of Agriculture, Chepauk, Chennai 600 005. 2.The Deputy Registrar, Agriculture Engineering Service, Department of Agriculture, Chepauk, Chennai 600 005. 3.The Senior Co-operative Sub Registrar/Enquiry Officer, Agriculture Engineering Service, Department of Agriculture, Chepauk, Chennai 600 005. +one cc to Special Government Pleader, Sr.No. 29912 +1cc to Mr.K.S.Sankhar Murali Advocate, Sr.No.29849 JUDGMENT MADE IN W.A.(MD).No.824 of 2011 05.09.2011 NB SMA/16.9.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/