fIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP Nos. 34484 and 34485 OF 2024 Selvarasu ..Petitioner(s)

Vs

1. The Deputy Registrar of Co- Operative Societies (dairying), Office Of The Deputy Registrar Of Co- Operative Societies, Vellore, Vellore District.

2. The Receipts and Payments Officer /

Section 81 Enquiry Officer Tpd 44 Thamaraipakkam Milk Producers Co- Operative Society, Thamaraipakkam, Ranipet District. ..Respondent(s)

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records of the 2nd respondent impugned proceedings order dated 21.08.2024 and consequential orders of the 2^nd respondent dated 25.08.2024.

For Petitioner(s): Mr.S.Sairaman For Respondent(s): Mr.E.Ranganayaki, Additional Government Pleader

Order

Challenging the orders passed by the 2^nd respondent dated

21.08.2024 and 25.08.2024, the petitioner is before this Court.

2. On 24.03.2026, this Court had allowed the writ petition. However, since clarification was required with regard to the recovery proceedings pursuant to the impugned orders, the matter is listed today under the caption “for clarification”. The same is being clarified.

3. The petitioner was appointed as a Clerk in the 2^nd respondent Society in January 2013 and was promoted as Secretary on 01.07.2019, and has been serving without any adverse remarks. The 1^st respondent, by proceedings dated 28.06.2021, had ordered an enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 into the affairs of the 2^nd respondent Society. Subsequently, an Enquiry Officer was appointed, and the enquiry report was submitted on 16.11.2021. According to the petitioner, the said Enquiry Officer was not duly empowered as per G.O.Ms.No.369 dated 22.08.1989.

4. Based on the enquiry report, the 1^st respondent initiated surcharge proceedings under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983 against the petitioner and 15 others for a sum of Rs.76,70,075/-. By order dated 18.04.2022 in proceedings Tha.Ti.2/2022-2023, most of the charges were dropped, except for a sum of Rs.42,350/-, which was subsequently paid on 20.09.2022. Hence, there is no loss caused to the Society.

5. Subsequently, based on a complaint, the petitioner was arrested on

20.08.2024 and released on bail on 20.09.2024. The 2^nd respondent placed the petitioner under suspension on 21.08.2024.

6. It is the further case of the petitioner that the order dated

21.08.2024 pertains to the suspension of the petitioner while the subsequent order dated 25.08.2024 seeks to modify the earlier order. The petitioner would contend that the impugned proceedings of the 2^nd respondent are without jurisdiction, contrary to the provisions of the Act and the bye-laws, and violative of the principles of natural justice.

Challenging the same, the present writ petition has been filed.

7. Heard the learned counsels on either side and perused the materials available on record.

8. A perusal of the impugned orders dated 21.08.2024 and

25.08.2024 would indicate that the same have been passed by the 2^nd respondent, who is not the competent authority to pass such orders. Hence, the impugned orders are without jurisdiction and are liable to be set aside. It is brought to the notice of this Court that a subsequent suspension order has been passed on 09.01.2025.

9. In such view of the matter, the impugned orders dated 21.08.2024 and 25.08.2024 are set aside and the writ petitions are allowed. It is open to the petitioner to work out his remedy as against the order dated 09.01.2025 in the manner known to law. No costs. Consequently, connected miscellaneous petitions are closed.

30-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SRN To

1. The Deputy Registrar of Co- Operative Societies (Dairying), Office of The Deputy Registrar Of Co- Operative Societies, Vellore, Vellore District.

2. The Receipts and Payments