1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.211 of 2011 & M.P.(MD).Nos.1 & 2 of 2011 S.Maruthaya .. Petitioner Vs. 1.The Joint Registrar of Cooperative Societies, Tiruchirapalli Region, Multi Storage Building, Kajamalai, Tiruchirapalli. 2.The Deputy Registrar of Cooperative Societies, Tiruchirapalli Circle, Multi Storage Building, Kajamalai, Tiruchirapalli. 3.The Cooperative Sub Registrar/Enquiry Officer, Sri Ranganatha Swamy Etc., Devasthanam Employees' Cooperative Stores Ltd.,-R.1564, No.116, South Chithirai Street, Srirangam, Tiruchirapalli. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Mandamus directing the respondents to give suitable opportunity by enabling the petitioner to take part in the enquiry initiated under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983 in respect of the administration of Sri Ranganatha Swamy Etc., Devasthanam Employees' Cooperative Stores Ltd., R.1564. For Petitioner :Mr.R.Anand For Respondents :Mr.M.Govindan for R1 & R2 Special Government Pleader Mr.K.M.Vijayakumar for R3 ORDER The petitioner has curiously filed the present writ petition for a direction to the respondents to give opportunity to enable him to take part in the enquiry initiated under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983 (hereinafter referred as the Act) in respect of the administration of the Sri Ranganatha Swamy Etc., Devasthanam Employees' Cooperative Society. It is not clear as to how such a writ petition is maintainable. https://hcservices.ecourts.gov.in/hcservices/ 2 2. It is seen from the records that even earlier a surcharge proceedings was initiated against the petitioner under Section 87 of the Act. In the surcharge proceedings it was pointed out that the petitioner, while he was working as godown secretary, was involved in certain irregularities and section 87 (1) notice was given to him. It is stated that the said proceedings have not reached any finality. 3. In the meanwhile, the Cooperative Sub Registrar was appointed as enquiry officer for an enquiry under Section 81 of the Act to go into the affairs of the Society and the petitioner was summoned by the said enquiry officer by notice dated 08.11.2010. The petitioner sent a representation dated 13.12.2010 stating that the enquiry officer did not give any opportunity and he had come to a conclusion without even hearing the petitioner's stand and he also apprehending that the authority has come to a conclusion even in the surcharge proceedings. It is under that premises, the writ petition came to be filed seeking for an opportunity to participate in the 81 enquiry. 4. Notice of motion was ordered on 06.01.2011. Pending notice of motion, this Court granted interim injunction till 07.02.2011. Aggrieved by the grant of interim injunction, the Joint Registrar of Cooperative Societies, Tiruchirappalli, the first respondent herein, has filed a vacate injunction petition in M.P.(MD).NO.2 of 2011 together with the supporting counter affidavit dated 15.01.2011. They have also filed a typeset containing enquiry proceedings as well as the deposition given by the petitioner under Section 81 of the Act. 5. The second respondent has also filed a counter affidavit dated Nil (January 2011). 6. The third respondent, who is the enquiry officer, has also filed a counter affidavit dated Nil (January 2011). The third respondent in his counter affidavit in paragraph 13 of the counter affidavit has set out the proceedings adopted by him. 7. The first respondent in his counter affidavit clearly stated that the petitioner has participated in the statutory enquiry for six hearings and he also gave deposition to the third respondent. 8. In any event, the controversies raised by the petitioner are irrelevant at the stage of the enquiry under Section 81 of the Act. Ultimately, when a report under Section 81 of the Act is furnished to the Registrar, he can only make a direction to the Registered Society to take action to remedy the defects disclosed as a result of the inquiry. It is subsequent to the receipt of the report, any further surcharge proceedings can be conducted by the society and as and when such proceedings conducted, whether criminal civil or departmental, appropriate opportunity will be given to any aggrieved persons and even the surcharge proceedings should finalise without due notice to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 3 9. It is not as if the petitioner has no remedy to question such proceedings. Under Section 152 of the Act provides for a regular appeal to the Senior District Judge constituted as a Cooperative Tribunal. The said authority has got power to go into both facts and law and also to give if necessary interim order as he is treated as civil Court hearing an appeal. When there is an ample remedy provided to the petitioner, the petitioner filed the present petition with a view to dislodge the enquiry that too suppressing the information about his participation for six hearings and also giving deposition. This Court is not inclined to entertain the writ petition. The writ petition stands dismissed. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Joint Registrar of Cooperative Societies, Tiruchirapalli Region, Multi Storage Building, Kajamalai, Tiruchirapalli. 2.The Deputy Registrar of Cooperative Societies, Tiruchirapalli Circle, Multi Storage Building, Kajamalai, Tiruchirapalli. 3.The Cooperative Sub Registrar/Enquiry Officer, Sri Ranganatha Swamy Etc., Devasthanam Employees' Cooperative Stores Ltd.,-R.1564, No.116, South Chithirai Street, Srirangam, Tiruchirapalli. jikr rl/4 c- 11.11.2011 Order made in W.P.(MD)No.211 of 2011 & M.P.(MD).Nos.1 & 2 of 2011 01.11.2011 https://hcservices.ecourts.gov.in/hcservices/