BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 10.12.2025

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

and

W.M.P(MD)No.15299 of 2022

M.Mathiradevi ... Petitioner

Vs.

1. The Deputy Registrar of Cooperative Societies,

Office of the Deputy Registrar of Cooperative Societies,

Lalgudi Circle,

Lalgudi,

Trichy District.

2. The Sub Registrar of Cooperative Societies,

Office of the Deputy Registrar of Cooperative Societies,

Lalgudi,

Trichy District.

3. M/s.R-939 Thachankurichi Primary,

Agricultural Cooperative Credit Society, Represented by its Secretary (in-charge),

Tachankurichi, Lalgudi Taluk,

Trichy District. ... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceedings issued by the 1st respondent dated 24.08.2022, vide proceedings in C.E.P.No.1/2022-23 in

surcharge order No.1057/2020/ VE SE SA along with proceedings dated 24.08.2022 and quash the same as illegal and unconstitutional and consequently directing the respondents to raise the attachment order made in respect of the petitioners properties comprised in Survey Nos.83/10, 83/7D, 84/1B, 84/5D, 84/7C, 84/9 and 86/1, situated at Puthur Uthamanur Revenue Village, Lalgudi Taluk, Trichy District.

For Petitioner : Mr.P.Mahendran For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

The present writ petition has been filed seeking to quash the order of attachment passed by the 1^st respondent herein under Section 167 (2) of the Tamil Nadu Cooperative Societies Act, 1983 read with Rule 140 of the Tamil Nadu Cooperative Societies Rules, 1988.

2. The petitioner's son namely one Deivaraj was working as the President of the 3^rd respondent society for the period between 01.04.2019 to 31.12.2017. For the allegations as against him, proceedings were initiated under Section 81 of the Tamil Nadu Cooperative Societies Act.

Based upon the report under Section 81 of the Tamil Nadu Cooperative Societies Act, surcharge proceedings were initiated under Section 87 and surcharge order was passed on on 22.02.2021. The said Deivaraj has not challenged the surcharge order so far.

3. It is also brought to the notice of the Court that the name of the petitioner has not been subjected to 81 enquiry or 87 enquiry or any proceedings under Section 90 of the Tamil Nadu Cooperative Societies Act.

4. According to the learned counsel appearing for the writ petitioner without subjecting the writ petitioner in any one of the proceedings under Section 81, 87 or 90 of the Tamil Nadu Cooperative Societies Act, an order of attachment cannot be passed. In case if any such order of attachment is passed, it would be clearly in violation of Section 167 of the said Act.

5. The learned counsel appearing for the writ petitioner relied upon the decision of this Court reported in the case of S.Rathinam vs. The Deputy Registrar of Co-operative Societies, reported in 2016 SCC OnLine Mad 9775 which is confirmed by the Hon'ble Division Bench of this Court in W.A(MD)No.1511 of 2018 dated 11.12.2025.

6. According to the learned counsel appearing for the petitioner, all the 7 items shown in the order of attachment were purchased by the writ petitioner under a registered document dated 27.03.1986 vide document no.371 of 1986 on the file of the Sub-Registrar, Lalgudi, when the delinquent employee was 7 years old.

7. In such circumstances, there is no connection what so ever between the alleged misappropriation of the delinquent and the purchase of properties made by the mother of the delinquent. Hence, he prayed for allowing the writ petition to raise the order of attachment.

8. Per contra, the learned Special Government Pleader appearing for the respondents submitted that the petitioner has to approach the authority under Rule 135 of the Tamil Nadu Cooperative Societies Rules to establish her rights over the disputed property. Any application for raising an order of attachment by way o