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2022 Supreme(Mad) 2317
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
J. Pandeeswari - Appellant
Versus
The Assistant Director, (Industrial Co-operatives)/. Official Liquidator, Egmore, Chennai & Others - Respondent
W.P. No. 6984 of 2014 & M.P. No. 1 of 2014
Decided On : 20-06-2022
For the Petitioner:C.A. Ramanan, N. Manokaran, Advocates. For the Respondents:R1, M/s. Mithreyi Kasthurirangan, K. Harishankar, Advocates.
The petitioner must follow the procedures prescribed under the Tamil Nadu Co-operative Societies Act and Rules for adjudication of issues related to the impugned order.
Headnote:
Liquidation - Co-operative Society - Official Liquidator - Tamil Nadu Co-operative Societies Act - The court held that the petitioner must approach the Liquidator or the Registrar for adjudication of issues under the provisions of the Tamil Nadu Co-operative Societies Act and Rules.
Fact of the Case:
The petitioner's husband, a Special Officer of a Co-operative Society, was found responsible for financial loss, leading to the initiation of liquidation proceedings. The Official Liquidator issued an order, which was challenged in the writ petition.
Finding of the Court:
The court directed the petitioner to approach the Liquidator or the Registrar for adjudication of issues under the Tamil Nadu Co-operative Societies Act and Rules, providing liberty to seek redressal of grievances through prescribed procedures.
Issues: Challenge to the order issued by the Official Liquidator under the Tamil Nadu Co-operative Societies Act.
Ratio Decidendi: The petitioner must follow the procedures prescribed under the Tamil Nadu Co-operative Societies Act and Rules for adjudication of issues related to the impugned order.
Final Decision: The writ petition stands disposed of with liberty granted to the petitioner to approach the functional Registrar/Commissioner of Industries and Commerce for redressal of grievances.
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the records relating to the order dated 15.10.2013 made in G.L.No.178/2001-1 passed by the 1st respondent, quash the same.)
1. The order impugned dated 15.10.2013 issued by the Assistant Director of Industries and Commerce / Official Liquidator of the Pandalur Ladies Polythene Workers Industrial Co-operative Society Limited is under challenge in the present writ petition.
2. The writ petitioner states that her husband Late A.Jayachandran was working as the Special Officer of the Pandalur Ladies Polythene Industrial Co-operative Society Limited. The husband of the writ petitioner died on 08.08.2012. Statutory enquiry was conducted regarding the affairs of the said Co-operative Society and the authorities found that there were huge financial loss and accordingly, initiated action to liquidate the Society. An Official Liquidator was appointed to continue the process. The Official Liquidator found that the husband of the writ petitioner, who was holding the Post of Special Officer is responsible for monetary loss to the Co-operative Society. Accordingly, the order impugned dated 15.10.2013 was issued.
3. Once the process of liquidation has been initiated and the Official Liquidator issued certain proceedings under the provisions of the Tamil Nadu Co-operative Societies Act, then the petitioner has to approach the Liquidator or the Registrar for the purpose of adjudication of issues in the manner prescribed under the provisions of the Tamil Nadu Co-operative Societies Act and Rules.
4. In the present case, the order impugned has been passed by the Official Liquidator under the provisions of the Tamil Nadu Co-operative Societies Act and therefore, the petitioner is at liberty to approach the Liquidator, if at all there is any objection with reference to the proceedings, which is impugned.
5. Accordingly, the petitioner is at liberty to approach the functional Registrar / Commissioner of Industries and Commerce, if required, for the purpose of redressal of her grievances by following the procedures as contemplated.
6. With this liberty, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
