Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 42243

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
B. Sridharan – Appellant
Versus
Chairman, Common Cadre Authority Joint Registrar of Co-operative Societies – Respondent
W.M.P.Nos.18139 & 18145 of 2026

Advocates:
For the Appellants/Petitioners: C. Prakasam
For the Respondents: S. Ravikumar, C. Jayaprakash

A writ petition is generally not maintainable when a statutory efficacious alternative remedy to challenge surcharge proceedings before a Co-operative Tribunal is available under the governing Act.

Headnote:The petitioner challenged surcharge proceedings initiated under S. 87 of the Tamil Nadu Co-operative Societies Act, 1983, contending that the underlying inquiry under S. 81 was barred by limitation due to a seven-year delay following his relief from service. The Court evaluated whether the writ petition was maintainable given the existence of a statutory appellate mechanism. The core issue was whether the constitutional writ jurisdiction should be exercised despite the availability of an efficacious alternative remedy. The Court held that the contentions raised by the petitioner were suitable for adjudication before the Co-operative Tribunal, which is the designated statutory body for such appeals. The writ petition was disposed of with liberty granted to the petitioner to file an appeal before the Co-operative Tribunal.

Table of Content
1. challenge to surcharge proceedings based on limitation and delayed inquiry. (Para 1 , 2 , 3)
2. requirement to exhaust statutory alternative remedies before invoking writ jurisdiction. (Para 5 , 6)

O R D E R

The writ petition has been filed challenging the impugned order passed by the second respondent in his proceedings dated 06.02.2026.

2. The petitioner allegedly involved in the financial irregularities in the respondent Society. He was relieved from service, however was not allowed to retire. A surcharge proceedings was initiated under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983 dated 06.02.2026. Challenging the same, the present writ petition has been filed.

3. The learned counsel for the petitioner contends that since the petitioner was relieved from service on 29.06.2018, whereas, Section 81 enquiry was ordered on 26.02.2025 after a lapse of seven years, it is not valid as per Section 81 of the Tamil Nadu Co-operative Societies Act and it is barred by limitation. The other contention of the petitioner is that till his superannuation, i.e., 30.06.2018, no Section 81 enquiry or criminal cases was initiated against the petitioner, but the respondent Society has not allowed the petitioner to retire from service and therefore, initiating Section 87 proceedings against the petitioner and passing an order after a lapse of seven years is arbitrary and barred by limitation.

4. Heard the learned Special Government Pleader for the respondents 1 &

2 and the learned Government Advocate for the third respondent.

5. The contentions raised by the petitioner can very well be raised before the Co-operative Tribunal by filing a statutory appeal as provided under the provisions of the Act. Therefore, without availing an efficacious alternative remedy, the petitioner has approached this Court by filing the present writ petition.

6. The writ petition is disposed of with liberty to the petitioner to approach the Co-operative Tribunal by filing an appeal against the surcharge proceedings and the impugned order passed by the second respondent by raising all the contentions as averred in the affidavit filed in support of this writ petition. No costs. Connected miscellaneous petitions are closed.

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2026 Supreme(Online)(Mad) 42243

IN THE HIGH COURT OF JUDICATURE AT MADRASM. Dhandapani, JB. Sridharan – AppellantVersusChairman, Common Cadre Authority Joint Registrar of Co-operative Societies – RespondentW.M.P.Nos.18139 & 18145 of 2026

A writ petition is generally not maintainable when a statutory efficacious alternative remedy to challenge surcharge proceedings before a Co-operative Tribunal is available under the governing Act.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
B. Sridharan – Appellant
Versus
Chairman, Common Cadre Authority Joint Registrar of Co-operative Societies – Respondent
W.M.P.Nos.18139 & 18145 of 2026