COMMON ORDER

Facts relates to W.P.No.23369 of 2020 :

As per the affidavit averments made by the petitioner, the petitioner was elected as a President of the Yercaud Lamp Co-operative Society, Yercaud, Salem District. He filed the writ petition challenging the order passed by the first respondent, i.e., the Registrar of Co-operative Societies, dated 28.07.2021 in Proceedings No.Rc.No.70538/2017/PMCT1, in and by which, the first respondent had directed stoppage of construction works of State Level Co-operative Training Institute at Semmaduvu Village, Manjakuttai Panchayat, Yercaud Taluk, Salem District.

(ii) According to the petitioner, in order to impart education and training to those employed in Co-operative Department, starting from Junior Assistant to Additional Registrar, the first respondent had recommended the formation of a State Level Co-operative Training Institute. Accordingly, the land situated in S.No.112/5, Semmaduvu village, Manjakuttai panchayat, Yercaud Taluk, Salem District, measuring to an extent of 4.33 acres was allotted by the Government for setting up the said Training Institute. Thereafter the Government of Tamil Nadu, vide G.O.(Ms).No.165, Co- operation, Food and Consumer Protection Department, constituted a Committee with the Additional Registrar, Marketing, Planning and Development as Convener to scrutinise and recommend the infrastructure facilities, which are required for the training programme to be conducted in the proposed State Level Training Institute.

(iii) A meeting was conducted in this regard on 11.02.2019 by the said Committee. Thereafter, the first respondent had sent a proposal to sanction an amount of Rs.1584.57 Lakhs for construction of the Institute.

(iv) Accepting the said recommendation of the first respondent, the Government issued G.O.(Ms).No.5, Co-operation, Food and Consumer Protection Department, dated 20.01.2020, granting the administrative sanction of the said amount with 20% contribution from Tamil Nadu State Apex Co-operative Bank, 10% each from Chennai, Kancheepuram, Salem and Coimbatore District Central Co-operative Bank and 1.87% each from the remaining 16 District Central Co-operative Bank except the District Central Co-operative Bank of Sivagangai and Tirunelveli.

(v) Pursuant to the said decision, the said amount was collected and deposited in a separate escrow account opened at the Tamil Nadu State Apex Co-operative Bank.

(vi) Thereafter, it seems that, a revised proposal has been sent by the Registrar of Co-operative Societies, i.e., the first respondent for an expanded institute, for which, the total cost which was estimated to be incurred was Rs.61.80 crores and that was sought for from the Government.

(vii) The Government also, having considered the said request made by the first respondent, i.e., Registrar of Co-operative Societies, had accepted the same and issued G.O.(Ms).No.146, dated 24.12.2020 approving the administrative sanction of a sum of Rs.61.80 Crores, i.e., in addition of Rs.45.96 crores to the earlier sanctioning of Rs.1584.57 lakhs for the proposed State Level Training Institute at Yercaud.

(viii) Subsequently, it seems that, tender was called for and workorder was given. Out of the earlier 15 crore rupees which was collected and deposited in a separate escrow account, the initial construction work was commenced and it went on for sometime. When that being so, the first respondent had issued a communication, dated 28.07.2021 in Rc.No.70538/2017/PMCT1, by and under which, the first respondent directed the Additional Registrar / Managing Director, Tamil Nadu State Apex Co-operative Bank, Chennai, i.e., the third respondent, to direct the fourth respondent, i.e., the Executive Engineer (PWD), Building (C&M) Division, Salem, to stop the construction work of the Institute. It has further been stated in the said order, dated 28.07.2021 that the Executive Engineer, Public Works Department, Salem, also can be instructed that, any further expenses in this regard w