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2006 Supreme(Mad) 2939

R.BANUMATHI
Senthil Kumar – Appellant
Versus
The Cooperative Tribunal [Principal District Judge] & Others – Respondent


Appearing Advocates:For the Petitioner:G. Devadoss, Advocate. For the Respondents:R2, V. Bhavani Subbaroyan, Govt. Advocate, R3, M.K. Hidayathulla, Advocate.

Judgment :-

(Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari calling for the records relating to the proceedings of the Respondents 1 and 2 in C.M.A.[C.S.] No.150/1995 dated 18.03.1997 and S.C.No.6/1993 dated 28.04.1994 respectively and quash the same.)

The Order of the Cooperative Tribunal made in [C.S.] No.150/1995, dated 18.03.1997, relating to the Surcharge Proceedings is challenged in this Writ Petition.

2. P.Karuppusamy was the ex-clerk and one Ganapathi was the former Special Officer of the third Respondent Society. Jauvli stock deficit to the tune of Rs.5,76,221.93 was noticed during the year 1993. Surcharge Proceedings have been initiated against the said Karuppusamy and the Special Officer Ganapathi. Karuppusamy died on 16.11.1993. Surcharge proceedings continued against his legal heirs in accordance with law, by including them in the proceedings. Final orders were issued directing the legal heirs of Karuppusamy and the former Special Officer Ganapathi to pay the amount of Rs.5,76,221.93 jointly and severally with interest.

3. Challenging the surcharge proceedings, legal heirs of the deceased Karuppusamy viz., the Petitioner he





















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