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S. M. SUBRAMANIAM, C. KUMARAPPAN
K. Ashokkumar – Appellant
Versus
Deputy Registrar of Cooperative Societies, Mayiladuthurai Circle, Mayiladuthurai – Respondent
JUDGMENT :
S.M. Subramaniam, J.
The writ petition has been instituted by the writ appellant challenging Form No.6 notice issued under Rules 119 and 126 of the Tamil Nadu Cooperative Societies Rules, 1988.
2. The Writ Court disposed of the writ petition by granting liberty to the appellant to workout his remedy before the Appellate Authority/Sale officer within a period of one week from the date of receipt of a copy of that order.
3. Mr. C. Prakasam, learned counsel appearing on behalf of the appellant would mainly contend that the wife of the appellant was an employee of the Cooperative Society. Surcharge proceeding under Section 87 of the Tamil Nadu Cooperative Societies Act was initiated. The property stands in the name of the appellant was proposed to be auctioned. Thus the writ petition was instituted. The property of the appellant is no way connected with his wife, since it was purchased prior to her appointment in the Cooperative Society.
4. The learned Special Government Pleader, appearing on behalf of the respondents, would oppose by stating that the wife of the appellant has already preferred Civil Miscellaneous Appeal under Section 152 of the Tamil Nadu Cooperative Societies A
The court emphasized the necessity of exhausting available remedies through the appropriate appellate channels before seeking relief through writ proceedings in matters related to cooperative societi....
The threefold actions of departmental disciplinary proceedings, criminal cases, and surcharge proceedings can be initiated simultaneously, and the time limits prescribed in statutes regarding complia....
The court emphasized that participation in legal proceedings is essential for claiming natural justice, and failure to engage actively negates claims of prejudice.
The court reaffirmed that the right to notice and opportunity to be heard is fundamental to natural justice and must be observed in administrative actions.
The main legal point established in the judgment is the requirement for the adjudication of the claim petition and the prohibition of any alienation or encumbrance of the property until a fresh order....
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