High Court of Judicature at Madras
F.M.IBRAHIM KALIFULLA
V.S.Ramasubramaniam
Versus
The State of Tamil Nadu & Others
W.P.NOS.20028 OF 200115079 & 46713 OF 2002, 19046, 19111, 19334, 21974, 22828, 23504, 24257, 24894, 25156, 25206, 25258, 26029, 26347, 26348, 26349, 26350, 26968....... 34537 OF 2003
Decided On :Decided On : 30-01-2004
All the above Writ Petitions are related to Madurai Urban Co-operative Bank Limited (hereinafter called the Bank and as such they were clubbed together and disposed of by this Common Order.
2. Writ Petition Nos.20028 of 2001, 15079 of 2002, 19046 of 2003, 28262 of 2003, 25156 of 2003 and 21974 of 2003 have been filed by one Thiru V.S.Ramasubramaniam, who was the Ex.President of the above said bank (hereinafter referred to as the Ex.President.
3. Writ Petition Nos.22828 of 2003 and 24257 of 2003 have been filed by one Thiru P.Raju, who was the Ex.Director of the bank (hereinafter referred to as the Ex.Director.
4. Writ Petition Nos.23504, 26029 and 25206 of 2003 have been filed by one Thiru Mayan, who was the Secretary of the Bank (hereinafter referred to as the Ex.Secretary. He is now under suspension pending disciplinary action.
5. Writ Petition No.24894 of 2003 has been filed by one Thiru R.Venkatasamy, who was the Ex.Vice President of the Bank, (hereinafter referred to as the Ex.Vice President.
6. Writ Petition Nos.26347, 26348, 26349, 26350, 25258 and 26968 of 2003 have been filed by M/s.Perumal, A.Anbarasan, P.Rathinam, N.Abu Becker Siddique, N.Karnan and M.Sakthivel respectively, who were the Employees of the Bank (hereinafter referred to as the Ex.Employees.
7. Writ Petition Nos.19111 of 2003, 19334 of 2003 and 46713 of 2002 have been filed by M/s.C.Papa, Nagarajan, M.Veeraiah and Chithra respectively (who have borrowed funds from the Bank), for the issuance of a Writ of Mandamus, to direct the Registrar of Co-operative Societies to probe into the irregularities and fraudulent act of the petitioner in W.P.Nos.23504 of 2003, namely, Thiru M.Mayan who was the then Secretary of the Bank.
8. The Ex.President has filed W.P.No.20028 of 2001 challenging the proceedings dated 8-10-2001, by which an enquiry has been ordered under Section 81 of the Tamil Nadu Co-operative Societies Act (hereinafter referred to as the Act as to the affairs relating to mismanagement of the bank and the said enquiry has been directed to be held by one Thiru Alagiriswamy, Registrar of Co-operative Societies in the Office of the Registrar. W.P.No.15079 of 2002 has been filed by the Ex.President for the issuance of a Writ of Certiorari, challenging the proceedings of the Registrar dated 15-4-2002, in and by which, a discreet enquiry was directed to be made by his sub-ordinates with reference to the advancement of loans to a tune of Rs.2 lakhs and above from 1-12-1996 onwards by the Bank and to submit a report.
9. Writ Petition Nos.19046 and 22828 of 2003 have been filed by the Ex.President as well as the Ex.Director, challenging the proceedings of the Joint Registrar of Co-operative Societies, Madurai Region dated 27-5-2003, in and by which, the Ex.President and Ex.Director were called upon to show cause by virtue of the provisions contained in Section 36 of the Act for the purpose of permanent disqualification.
10. Writ Petition No.28262 of 2003 has been filed by the Ex.President, challenging the proceedings of the Additional Registrar of Co-operative Societies, Chennai, dated 29-7-2003 ordering an inspection under Section 82 of the Act.
11.Writ Petition Nos.W.P.Nos.24257, 24894, 25156, 25206,25258,26347,26348,26349, 26350, and 26968 of 2003 have been filed by the Ex.President, Ex.Director, Ex.Secretary, Ex.Vice President and the the Ex.Employees of the Bank, challenging the F.I.R. in Cr.No.9 of 2003 dated 22-8-2003 on the file of the Inspector of Police, CCIW-CID, Madurai.
12. Writ Petition No.21974 of 2003 has been filed by the Ex.President, challenging the Enquiry Reports of the Officers who were directed to hold such an enquiry by the Registrar in his proceedings dated 15-4-2002 and who have filed their report dated 31-10-2002.
13. Writ Petition No.23504 of 2003 has been filed by the Ex.Secretary, challenging the charge sheet cum show cause notice issued to him in respect of certain alleged misconduct committed by him in the course of disc
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