The court upheld surcharge orders under the Tamil Nadu Cooperative Societies Act, emphasizing compliance with procedural requisites for appeal and the absence of a stay order.

PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorari, calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings E.P. No. 58/ 2012- 2013 in Form No. 14(b) dated 20.01.2026 and quash the same.

For Petitioner(s): Mr.C.Prakasam For Respondent(s): Mr.R.Murthy Government Advocate for R1 Mr.V.Veeramani Government Advocate for R2

ORDER

Heard Mr.C.Prakasam for the petitioner, Mr.R.Murthy, Government Advocate for 1^st respondent and Mr.V.Veeramani, Government Advocate for 2^nd respondent.

2.The petitioner was employed as a Clerk in the 2^nd respondent society.

Pursuant to the directions of the 1^st respondent, an inquiry was conducted under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983. The report resulted in a surcharge proceedings being initiated under Section 87 of the Tamil Nadu Cooperative Societies Act, 1983. In the Section 87 proceedings, the petitioner was found liable to pay a sum of Rs.4.77 lakhs (approximately). Therefore, he preferred an appeal before the Co-operative Tribunal cum Principal District Judge, Villupuram, in C.M.A.No.47 of 2003. The said appeal was dismissed on 17.12.2008. Challenging the same, a writ petition came to be presented before this Court in W.P.No.9282 of 2009. A learned Single Judge held that the writ petition is not maintainable and directed the conversion of the writ petition into a revision on 18.10.2023. Despite the same, till date, the conversion into a revision has not been carried out.

3.Since the order of surcharge continues to be in force, the 1^st respondent initiated attachment proceedings for recovery of the amounts due. He passed an order on 20.01.2026, attaching the salary of the petitioner. He directed a sum of Rs.9,860/- to be recovered from the salary of the petitioner every month. This direction was given to the present employer of the petitioner, namely, Neganur Primary Agricultural Cooperative Credit Society, Neganur, Gingee Taluk, Villupuram District, the 3^rd respondent herein. Aggrieved by the same, the present writ petition.

4.It is the grievance of the petitioner that a copy of Section 81 inquiry had not been furnished to him. Further, he pleads that the civil revision petition has not yet been numbered by the Registry of this Court. Hence, he should not be penalised for the same.

5.I have carefully considered the submissions of both sides and gone through the records.

6.The surcharge order has been confirmed in an appeal. It has not been kept in abeyance when the order was passed by this Court in W.P.No.9282 of 2009 on 18.10.2023. More than two and half years have lapsed, and till date, the petitioner has not secured any interim order staying the operation of the surcharge order or that of the order passed by the appellate authority in C.M.A.No.47 of 2003. When a decree holder, namely, the 3^rd respondent has not been restrained by an order of any Court from recovering the amounts due, I cannot find fault with the order impugned in the present writ petition.

7.Hence, this Writ Petition stands dismissed. The dismissal of this writ petition will not prevent the petitioner to take steps for the conversion of the writ petition into a revision and to move a stay application thereafter.

Consequently, the connected miscellaneous petition is closed. No costs.