IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.09.2022 CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No.37737 of 2015 1. The Branch Manager Kosamattam Finance, Madukkarai Branch D.No.13/178, Ponnarasu Building Near Bus stand, Madukkarai Coimbatore

2.The Branch Manager Kosamattam Finance, Kurichi Branch Pollachi Main Road Gandhi Nagar Coimbatore

3.The Branch Manager Kosamattam Finance, Othakkalmandapam Branch No.51/140, 1^st floor Pollachi main road Othakalmandapam Coimbatore ... Petitioners Vs.

1.The Branch Manager Muthoot Finance, Sundarapuram Branch Sundarapuram, Coimbatore

2.The Branch Manager Muthoot Finance Kinathukadavu branch Kinathukadavu

3.The Branch Manager Muthoot Finance, Malumichampatti branch No.2/454C, Chettipalayam road Murugan nagar Malumichampatti Coimbatore

4.K.V.Chakravarthi Enquiry Officer K.746 O.K. Chettipalayam Primary Agricultural Co-operative Credit Society Office of the Deputy Registrar of Co-op Societies Coimbatore Collectorate Compound Coimbatore. ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified mandamus calling for the records connected with the order dated 22.12.2014 made in C.M.P.No.3129 of 2014 passed by the learned Judicial Magistrate No.IV, Coimbatore and quash the same as illegal consequently directing the respondent No.4 to return all the jewels taken from our Madukkarai branch jewels weighing about 1363.200 grams, from Kurichi branch jewels weighing about 727.00 grams and from Othakkalmandapam branch jewels weighing about 2996.700 grams pursuant to order impugned in the present writ petition within the time stipulated by this Court.

For Petitioners : Mr.N.Moorthi For Respondents : Mr.L.P.Shanmuga Sundaram for R4 No Appearance for R1 to 3

O R D E R

This Writ Petition has been filed seeking to call for the records connected with the order dated 22.12.2014 made in C.M.P.No.3129 of 2014 passed by the learned Judicial Magistrate No.IV, Coimbatore and quash the same as illegal consequently directing the respondent No.4 to return all the jewels taken from our Madukkarai branch jewels weighing about 1363.200 grams, from Kurichi branch jewels weighing about 727.00 grams and from Othakkalmandapam branch jewels weighing about 2996.700 grams.

2. The learned counsel appearing on behalf of the writ petitioners made a submission that the Inquiry officer the 4^th respondent has no authority to issue the summon under section 81 of the Act to seize the jewellery which was pledged with the petitioners company, and questioning the power vested with the Inquiry officer, the writ petitioners have moved this Court.

3. The facts in nutshell to be considered for the purposes of the writ petition is that, the writ petitioners are a Finance Company and stolen jewelleries were pledged with the Finance Company by some persons. The jewelleries were stolen from the O.K. Chettipalayam Primary Agricultural Co-operative Credit Society. The stolen jewelleries were pledged with the petitioner's Company and subsequently, the 4^th respondent-Deputy Registrar of Co-operative Societies passed an order for a statutory inquiry under section 81 of the Tamil Nadu Co-operative Societies Act.

4. Section 81 of the Tamil Nadu Co-operative Societies Act, deals with inquiry.

“The Registrar may, on receipt 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 authorised by him by order in writing in this behalf to hold an inquiry into the constitution, 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”.

Sub clause(2) of section 81 provides that the Registrar or the pe