IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Dhandapani, J
K.Mohan – Appellant
Versus
Deputy Registrar Of Cooperative Societies – Respondent
W.P.Nos.3160 and 5030 of 2025|13724 and 13727 of 2026
| Table of Content |
|---|
| 1. summary of procedural history and factual background surrounding the suspension, surcharge proceedings, and challenged auction notices. (Para 1 , 2) |
| 2. court refuses to exercise concurrent jurisdiction when an appeal is already pending before a competent tribunal. (Para 3 , 4 , 5 , 6) |
C O M M O N O R D E R
The petitioner in these writ petitions is one and the same and has filed W.P.No.3160 of 2025 challenging the auction sale notice and set off sale notice passed by the Co-operative Sub Registrar / Sale Officer dated 17.09.2024 and filed W.P.No.5030 of 2025 challenging the enquiry report of the Co-operative Sub Registrar / Enquiry Officer dated 27.10.2022 and for a consequential direction to the Deputy Registrar of Co-operative Societies to appoint any other Enquiry Officer to conduct fresh enquiry in the Co-operative Credit Society and filed W.P.No.13724 of 2026 to direct the Co-operative Credit Society to provide the documents requested by the petitioner on the basis of the written representation made by the petitioner on 04.11.2025 and filed W.P.No.13727 of 2026 to direct the Co-operative Credit Society to provide the documents requested by the petitioner on the basis of the written representation made by the petitioner on 18.09.2025 and 21.10.2025.
2. The facts required for disposal of these writ petitions are as follows:-
* The petitioner joined as Salesman in the Society on 21.09.1984 and he reached the position of Secretary in the Society on 01.02.2013. While so, on 12.01.2022, he was suspended from service on the basis of the alleged irregularities and misappropriation committed in the Society along with other employees and subsequently, was terminated from service on 26.09.2024. On 18.11.2022, surcharge proceedings was initiated under Section 87 of the Tamil Nadu Co-operative Societies Act against the petitioner and others. Surcharge award was passed against the petitioner jointly and severally to the tune of Rs.2,66,38,524.07/-. Aggrieved by the same, the petitioner filed C.M.A(CS).No.10 of 2023 on the file of the Principal District Court, Salem/Special Tribunal for Co-operative Cases for Salem District. Pending the surcharge proceedings, the petitioner and other officials deposited a sum of Rs.1,45,03,000/-. Pursuant to the same, on 20.06.2024, the petitioner’s ancestral properties were brought for auction sale in respect of 7 items of the properties. Challenging the same, the petitioner filed W.P.No.20231 of 2024 before this Court. This Court, vide order dated 23.07.2024, directed the petitioner to pay a sum of Rs.2,00,00,000/- on or before 31.08.2024, failing which, auction proceedings may go on. The petitioner could not able to comply with the same and filed W.M.P.No.27121 of 2024 for modification of the order dated 23.07.2024. This Court, vide order dated 30.08.2024, modified the same by directing the petitioner to deposit a sum of Rs.1,00,00,000/- on or before 06.09.2024 and another sum of Rs.1,00,00,000/- on or before 13.09.2024, failing which, the respondents shall conduct auction on 17.09.2024. This order was challenged by the petitioner in W.A.No.2802 of 2024, wherein, interim order was passed directing the petitioner to pay a sum of Rs.20,00,000/- to the Society on or before 14.09.2024 and another sum of Rs.30,00,000/- to be paid within a period of three weeks thereafter. However, the petitioner could not comply with the said order also as he was unable to mobilize the funds.
* Pursuant to the same, the properties were brought on auction and were sold out in favour of third parties. Since the properties were ancestral properties, the petitioner’s son and daughter filed separate civil suits challenging the auction sale which are also pending. Even prior to the surcharge award, a sum of Rs.1,05,12,000/- of crop loan was recovered from the members on various dates and therefore, the same was admitted by the enquiry committee officials in the enquiry report which would go to show that the liabil
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