BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.Dhandapani, J
THANJAVUR DISTRICT STATE – Appellant
Versus
THE REGISTRAR OF COOPERATIVE – Respondent
W.P(MD)No.20718 of 2018|WMP (MD) Nos.18475, 18476, 20578 of 2018, 22590 of 2019
PRAYER :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 4th respondent in Na.Ka.No. 5595/2017/Nukoo(2), dated 08.09.2018 and in 2209/2018/Nukoo, dated 12.09.2018 and quash the same.
For Petitioner : Mr. R.Subramanian
For R1 to R4 : Ms.K.R.Shivashankari, Counsel for State
For R5 & R6 : No appearance
O R D E R
Challenging the orders dated 08.09.2018 and 12.09.2018 passed by the fourth respondent, the present writ petition has been filed by the petitioner.
The learned counsel appearing for the petitioner would submit that the petitioner was elected President of the Thanjavur District State Government Employees Consumer Cooperative Store. During his tenure, the Deputy Registrar directed the petitioner to reimburse a sum of Rs.2,22,045/-, alleging that the said amount had been spent by the Society towards wages paid to daily-rated employees. Simultaneously, an enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act 1983, was also initiated with respect to the said allegations. The learned counsel would submit that the petitioner’s elected tenure has since expired. In view of the pendency of the proceedings, this Court may issue a direction to the respondents to complete the enquiry under Section 81 within a time frame to be fixed by this Court, in accordance with law.
It is further submitted that liberty may be reserved to all persons who are likely to be affected by the outcome of the enquiry, including the petitioner and the employees concerned, to work out their respective remedies in the manner known to law after the enquiry is concluded. Accordingly, he prayed for appropriate directions.
Considering the limited prayer sought for by the petitioner, this Court directs the competent authority to complete the enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983, after affording sufficient opportunity to all concerned and pass appropriate orders, on merits and in accordance with law, within the time stipulated by this Court. Liberty is reserved to all the affected parties to work out their remedies in the manner known to law, if they are aggrieved by any order passed pursuant to the enquiry.
With the above directions, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
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