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WP No. 11018 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2026

CORAM THE HON'BLE MS. JUSTICE P.T. ASHA

WP No. 11018 of 2026 AND

WMP NO. 11958 OF 2026 R.Shankar

S/o.Rathinam

1/25, Kaavaan Vattum, Betha Kallupatti Gramam

Thekkupattu Post, Ambalur Viz.635801

Nattrampalli Taluk, Tirupattur District.

..Petitioner Vs

1. The Joint Registrar of Co-operative Societies Tirupattur Region, Tirupattur District.

2. The Deputy Registrar of Cooperative Societies Tirupattur, Tirupattur District.

3. The Administrator C1363, Kalanthira Chettiapannur Primary,

Agricultural Co operative Credit Society Ltd., Chettiapannur Vaniyambadi,

Thirupattur District.

..Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the order passed by the third respondent dated 30.06.2025 not permitting the petitioner to retire from service on attaining the age of superannuation and quash the same as illegal and without jurisdiction and direct the third respondent

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to allow the petitioner to retire from service and to pay D.C.R.G. amount and leave encashment and subsistence allowance for the period from March 2025 to

May 2025 and pass orders

For Petitioner: Mr.R.Ramesh

For Respondents: Mr.K.Tamilvendan Government Advocate for R1 & R2

Mr.S.Arumugam Government Advocate for R3

ORDER

The writ petition has been filed seeking the following relief :

“ To issue a Writ of Certiorarified Mandamus calling for the records of the order passed by the third respondent dated 30.06.2025 not permitting the petitioner to retire from service on attaining the age of superannuation and quash the same as illegal and without jurisdiction and direct the third respondent to allow the petitioner to retire from service and to pay D.C.R.G. amount and leave encashment and subsistence allowance for the period from

March 2025 to May 2025.”

2. The short facts that led to the filing of the above writ petition are as

follows:

(a) The petitioner was appointed as Packer in the 3rd respondent Society on

23.02.1996. He was thereafter promoted as Salesman on 01.08.1997. The

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petitioner was entrusted the work of sale of consumer goods to ration

cardholders and to maintain sales accounts.

(b) While so, the second respondent vide his proceedings dated 17.09.2019,

ordered enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983. It is the contention of the petitioner that 81 Enquiry and the subsequent report, was not in accordance with the Rules and Acts.

(c)Based on the enquiry report, a case was registered against the petitioner

and the Secretary and they were arrested and later they came out on bail. The petitioner had not been called in connection with his case before the

Judicial Magistrate and no charge sheet was filed.

(d)Subsequently, based on the 81 enquiry, the surcharge proceedings was

initiated against the petitioner and 16 others. The surcharge notice dated 05.08.2022 was served on the petitioner. It contained eight count of charge and fixed the surcharge amount of Rs.1,03,28,146/- against the petitioner, and the total surcharge amount against all the 17 persons is Rs.2,34,83,976/-. Thereafter, the surcharge order came to be passed on 02.02.2023. According to the petitioner, the surcharge order passed against him, is totally false and legally unsustainable, on the ground that the petitioner had never served in the 3^rd respondent-Society and he only worked as salesman in the P.D.S shop. Challenging the surcharge order, the petitioner was before this Court in W.P.No.27529 of 2023 and the

same is pending.

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(e)While so, the petiti