IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-02-2026 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY AND CMP No.1997 of 2026, C.M.P.No.2000 of 2026, CMP No.1977 of 2026, C.R.P(NPD).No.349 of 2026 P.Shanmugavel S/o Late Palanichamy, No 5-A, 2nd Street, Ambedkar Nagar, Nanmangalam, Chennai 600 117 … Petitioner Vs.

1. The Deputy Registrar of Co-operative Societies (Credit)

Kuralagam Complex, Chennai 600 108.

2.The Managing Director, Chennai Central Co-operative Bank Ltd., Chennai 600 108.

… Respondents Prayer: Civil Revision Petition filed under Article 226 of Constitution of India, to set aside the judgment and decree dated 26.11.2025 passed in C.M.A.No.24 of 2019 on the file of the Learned Chief Judge, Court of Small Causes, Chennai namely the Special Tribunal for Co-operative Cases confirming the order passed in Na.Ka.No.8018/2007/SP-1, dated 07.10.2008 on the file of the Deputy Registrar, Co-operative Societies (Credit) Chennai - 600 108 namely the 1^st respondent and allow the Civil Revision Petition.

P.Shanmugavel S/o Late Palanichamy, No 5-A, 2^nd Street, Ambedkar Nagar, Nanmangalam, Chennai - 600 117 … Petitioner vs.

1. The Deputy Registrar of Co-operative Societies (Credit)

Kuralagam Complex, Chennai 60 0108.

2.The Managing Director Chennai Central Co-operative Bank Ltd., Chennai 600 108.

… Respondents Prayer: Civil Revision Petition filed under Article 226 of Constitution of India, to set aside the judgment and decree dated 26.11.2025 passed in C.M.A.No.23 of 2019 on the file of the Learned Chief Judge, Court of Small Causes, Chennai namely the Special Tribunal for Co-operative Cases confirming the order passed in Na.Ka.No.2535/2009/SP-1, dated 28.06.2010 on the file of the Deputy Registrar, Co-operative Societies (Credit) Chennai - 600 108 namely the 1^st respondent and allow the Civil Revision Petition.

For Petitioner: Mr.S.Sadasharam in both CRP’s For Respondents: Mr.B.Tamilnidhi, in both CRP’s Additional Government Pleader, for R1 Mr.B.Gandhi, for R2

C O M M O N O R D E R

These two Civil Revision Petitions are connected and as such, are taken up and disposed of by this common order.

2. The Civil Revision Petitions are filed against the order of the Special Tribunal for Co-operative Cases, Chennai, dismissing the appeals filed by the petitioners in C.M.A.Nos.23 and 24 of 2019, which were filed against the orders of surcharge passed under Section 87 of the Tamil Nadu Co-operative Societies Act, 1984. It can be seen from the material papers filed along with the writ petitions, earlier the Tribunal had dismissed the above appeals. As against the same, both the petitioners have filed C.R.P.Nos.3768 and 3770 of 2024. By an order dated 14.11.2024, in paragraph No.6 of the judgment, it is concluded that it is reasonable to furnish a copy of the 81 Enquiry Report to the petitioners and to give an opportunity to them to contest the matter. However, after stating so, the matter was not remanded to the authority who passed Section 87 order but to the Appellate Tribunal to once again reconsider the appeals.

3. In view thereof, the contention now made is that the only course which was available to the Tribunal is to set aside the Section 87 surcharge order and remand the matter to the Original Authority so as to conduct an enquiry after furnishing of the Section 81 enquiry report.

4. The Civil Revision Petitions are resisted by the respondent Society.

The Learned Counsel for the respondent submits that only today he has entered appearance and he seeks further time to get instructions in the matter.

5. I have considered the oral submissions made on either side. It is not the case of the respondent Co-operative Society that any appeal has been filed as against the judgment dated 14.11.2024 made in C.R.P.Nos.3768 of 2024 etc.

6. In that view of the matter, when the inter se rights of the parties have been decided by the earlier judgment, the only course open to the respondent Society is to first furnish the Section 81 Enquiry Report and