IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31-10-2025 CORAM THE HONOURABLE MRS.JUSTICE N. MALA CRP (NPD) No. 1585 of 2021 and CMP Nos.12363 of 2021 and 11463 of 2022 G. Elumalai S/o. Govinda Padayachi, Vaniyankuppam Village, Perumbakkam Post, Ulundurpet Taluk, Kallakurichi District.

Petitioner(s)

Vs

1. The Special Officer, Tirunavalur Farmers Service Co-operative, Credit Society, Tirunavalur.

2.The Deputy Registrar Co Operative Societies, Tirukoilur.

Respondent(s)

Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Fair and Decretal order in C.M.A.(CS) 17 of 2012 of the Learned Principal District Judge and Special Tribunal for Co operative Cases, Villupuram, dated 28.10.2020 confirming the orders of the Deputy Registrar of Co operative Societies, Tirukoilur, in his proceedings in Na.KA.No.194/2011 Se Pa. Dated 15.06.2012, and thereby allow the revision.

For Petitioner(s): Mr.N.Suresh For Respondent(s): Dr. S. Suriya, Additional Government Pleader for R1 Mr.C.Sathish, Government Advocate for R2

ORDER

Civil Revision Petition is filed against the Fair and Decretal order passed in CMA.(CS)No.17 of 2012, by the learned Principal District Judge and Special Tribunal for Co-operative cases, Villupuram, on 28.10.2020, confirming the orders of the Deputy Registrar of Co-operative Societies, Tirukoilur in the surcharge proceedings dated 15.06.2012.

2. The petitioner was employed as Secretary (Additional charge) of the Thirunavalur Farmers Service Co-operative Society. Whileso, surcharge proceedings were initiated against the petitioner and three other employees for the heavy loss caused to the Society to the Tune of Rs.1,73,75,164/- under various heads. The 2^nd respondent initiated surcharge proceedings under Section 87(1) of the Tamil Nadu Co-operative Societies Act. The heads of losses for the total amount of Rs.1,73,75,164/- were itemised into

10 items. The 2^nd respondent in the Surcharge proceedings concluded that the petitioner along with 4 others had misappropriated and caused loss to the Society and therefore passed surcharge order for the aforesaid amount along with 17.5% interest. Aggrieved by the surcharge order dated 15.06.2012, the petitioner preferred a CMA before the Principal District and Special Tribunal for Co-operative cases Villupuram, in CMA.(CS).No.17 of 2012. The Appellate Tribunal, by its order dated 28.10.2020, confirmed the surcharge order passed by the 2^nd respondent. Aggrieved by the order passed by the Appellate Tribunal, the petitioner has filed the above Civil Revision Petition.

3. Though several grounds were raised in the Civil Revision Petition, the learned counsel for the petitioner submitted that the order of the Appellate Tribunal was ex-facie illegal, in as much as the Tribunal failed to consider that the petitioner, while serving as Secretary-in-charge, filed the FIR and acted as a whistle blower. He submitted that the petitioner filed Interlocutory Application for reception of additional documents in IA.No.43/2019 and IA.No.160/2013, but both the applications were dismissed by the Appellate Tribunal on untenable grounds. It was contended that the Tribunal failed to appreciate that the documents sought to be produced were vital to the petitioner's defence to establish that he was not responsible for the loss to the Society. The Tribunal without examining the relevancy of the documents and by merely stating that wrong provisions of law were quoted and that there was a delay in filing , rejected the applications. As an illustration, the learned counsel referred to G.O.Ms.No.590, Home (Police XIX) Department, dated 13.08.2013, which was sought to be marked as additional evidence. The said G.O, disclosed that one Veerasundaram, a Salesman and one Sivakumar had conspired and misappropriated 1790 sovereigns of gold jewels and Rs.3,00,000/- kept in the Society's locker. The Government Order also showed that the properties of Sivakumar were sought to be attached. It