IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI

W.P.No.7572 of 2021

and W.M.P.Nos.8089 & 19889 of 2021

R.Krishnaraj

.. Petitioner

Vs.

1.The Registrar of Co-operative Societies (Housing),

Tamil Nadu Co-operative

Housing Federation Building,

1^st Floor, No.48, Ritherdon Road, Vepery,

Chennai 600 007.

2.The Deputy Registrar of

Co-operative Societies (Housing),

No.26, Therku Kavarai Theru,

Manjakuppam Cuddalore,

Cuddalore District.

3.The Inquiry Officer,

E- 2729, Public Servants Co-op.,

Housing Building Society,

No.2, Abdul Kadar Lane,

Manjakuppam, Cuddalore,

Cuddalore District.

4.The President,

E-2729, Public Servants Co-op.,

Housing Building Society,

No.2, Abdul Kadar Lane,

Manjakuppam, Cuddalore,

Cuddalore District.

.. Respondents

Prayer: Writ Petition is filed under Article 226 of the

Constitution of India, praying for issuance of a Writ of

Certiorari, calling for the records of the 3^rd respondent's

impugned inquiry report under section 81 dated 04.03.2019 of the

3^rd Respondent and quash the same.

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For Petitioner : Mr.K.Raja

for M/s.M.Kaviveerappan

For Respondents

: Mr.T.K.Saravanan

Government Advocate

O R D E R

The petitioner has come out with the present Writ Petition

challenging the impugned inquiry report of the 3^rd respondent

dated 04.03.2019 passed under Section 81 of the Tamil Nadu

Cooperative Societies Act.

2.According to the petitioner, he was working as Co-

operative Sub-Registrar in Cuddalore District. The 4^th

respondent Society is established for Government servants. In

the said Society, the petitioner was elected as Vice-President

for the period from 01.11.1996 – 25.05.2001. During the said

period, he was acting as in-charge Secretary of 4^th respondent

Society from 03.10.1998 – 25.05.2001. Subsequently, he was

working as Special Officer of the 4^th respondent Society from

25.05.2001 – 30.09.2004. The petitioner attained age of

superannuation on 30.06.2012, but was not allowed to retire, as

he was placed under suspension on 08.06.2012. One Tmt.M.Ramani

and M.Ganesan availed housing loan to the tune of Rupees Five

Lakhs from the 4^th respondent Society for the purpose of raising

construction and mortgaged the property measuring an extent of

2280 sq.ft. comprised in T.S.Nos.555 and 556 situated in Ward

No.2, Block No.7, Kovalan Street, Cuddalore and a mortgage deed

was registered as Document No.2921/1999 on the file of Joint Sub

Registrar Office, Cuddalore-2. The said Ramani and Ganesan

failed to repay the amounts. The 4^th respondent Society initiated

proceedings under Section 90 of the Tamil Nadu Co-operative

Societies Act (hereinafter referred to as, 'the Act') and

obtained decree dated 28.05.2004. Subsequently, the 4^th

respondent did not proceed further against the said Ramani and

Ganesan to execute the decree. While so, by proceedings of 2^nd

respondent dated 09.08.2018, the 3^rd respondent was appointed as

Enquiry Officer under Section 81 of the Act to conduct enquiry.

Even prior to that, an enquiry under Section 81 of the Act was

already ordered, enquiry conducted and report was filed. The

enquiry now ordered is second enquiry. The enquiry under Section

81 of the Act cannot be ordered again and again as it amounts to

double jeopardy. The present Enquiry Officer filed report

stating that the petitioner has sold mortgaged property along

with borrower and recommended to initiate criminal proceedings

against the petitioner, the said M.Ramani and M.Ganesan, the

borrowers.

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3.The learned counsel appearing for the petitioner contended

that Enquiry Officer has no power to recommend to initiate

criminal proceedings. The 4^th respondent,