The Act does not mandate a prior inquiry by the Registrar of Co-operative Societies before referring a matter to a specialized agency for criminal case registration.

The petitioner has challenged the interdepartmental correspondence between the Secretary to Government, Cooperation, Food and Consumer Protection Department, Secretariat, Chennai, addressed to the Additional Registrar of Cooperative Societies/Registrar of Cooperative Societies (Housing), Chennai.

2. A perusal of the impugned letter reveals that a detailed inquiry into the allegations of malpractice and misappropriation of funds of the Coimbatore Cooperative Housing Society Limited, Gopalapuram, Coimbatore, in the purchase of lands at Perur Chettiyapalayam was inquired into by the Directorate of Vigilance and Anti Corruption and that the inquiry revealed criminal misconduct committed by A.O-2, Thiru R.Sukumar, formerly Deputy Registrar (Housing), Salem, Additional charge of Coimbatore, (now under suspension) A.O.-3 Thiru S.Nachimuthu, formerly Deputy Registrar (Housing), Coimbatore, A.O-4 Thiru K.V.Chakravarthi, formerly Special Officer, Coimbatore Cooperative Housing Society Ltd Coimbatore, A.O-6, Thiru R.Venkatesan, formerly Secretary, Coimbatore Cooperative Housing Society Ltd. Coimbatore, A.O.-7, Thiru B.Ravindran, formerly Cooperative Sub Registrar/Special Officer, C.C.H.S.Ltd. Coimbatore along with A.O.9, Thiru S.K.Senthil Kumar, Gee Yess Iswarya Real Estates Pvt. Ltd. and A.O.10 Thiru P.R.Subbaiyan, formerly B.D.O. (Panchayats), Thondamuthur, Coimbatore District and that they are alleged to have caused loss to the society. The petitioner is arrayed as A-4 in the enquiry conducted by the Vigilance and Anti Corruption Department. As the offences committed by the accused do not come under the purview of Directorate of Vigilance and Anti Corruption and the involved misappropriation, breach of trust, corrupt practice and mismanagement in relation to the said society, the Directorate of Vigilance and Anti Corruption has recommended to entrust this case to a specialized agency i.e. CCIW Police for registration of a criminal case against the above mentioned officers.

3. Accepting the recommendations of the Vigilance and Anti Corruption Department, the first respondent has instructed the Deputy Registrar (Housing), Coimbatore, to entrust the subject matter to the Specialized agency viz., C.C.I.W. Police for registration of a criminal case against the above accused officers and send the action taken report to the Government.

4. Besides making submissions on the merits of the case, learned counsel appearing for the petitioner, placing reliance on Section 81 of the Tamil Nadu Cooperative Societies Act, 1983, submitted that unless an inquiry is conducted in accordance with the provisions of the above said Act and the Rules framed thereunder, the respondents have no jurisdiction to refer the matter to C.C.I.W. Police for registration of a criminal case.

5. Learned counsel appearing for the petitioner further submitted that there are no materials to refer the matter to the said specialized agency and that the petitioner was not given opportunity to put forth his case before the Vigilance and Anti Corruption Department, and therefore the impugned letter is violative of the principles of natural justice.

6. Heard the learned counsel appearing for the parties and perused the materials available on record.

7. Section 81 of the Tamil Nadu Cooperative Societies Act, 1983, reads as follows:

81. Inquiry:- (1) The Registrar may, of his own motion and shall, on the application of a majority of the board or of not less than one-third of the members or on the request of the financing bank or of the District Collector, hold an inquiry, or direct some person authorized by him by order in writing in this behalf to hold an inquiry into the construction, working and financial condition 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 or into any particular aspect of the working of that society.

.(2) T