Advocates:
['M/S L CHANDRAKUMAR', '', 'N R JASMINE PADMA', 'K C VINODH', 'M/S T VENKATACHALAM', '', 'GA TAKES NOTICE']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2014

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU

W.P.No.13614 of 2014 and

M.P.Nos.1 and 2 of 2014

D.Sathyamoorthy

... Petitioner

vs.

1.The Deputy Registrar of Cooperative Societies,

Uthakamandalam.

2.The Cooperative Sub-Registrar/

Information Officer,

Coimbatore District Central Cooperative Bank,

Coimbatore.

3.H.R.Gundan

... Respondents

Writ Petition filed under Article 226 of the Constitution of

India praying for the issuance of a writ of Certiorarified mandamus,

calling for records relating to the first respondent's order made in

Tha.The.02/2014 dated 06.05.2014 to quash the same and consequently

direct the respondents to forthwith afford an opportunity to the

petitioner for participation in the Section-82 enquiry and

thereafter finalize the same.

For Petitioner : Mr.L.Chandrakumar

For Respondents : Mr.R.Balaramesh,

Additional Govt. Pleader (Co-op)

for R1 and R2

ORDER

The petitioner was formerly the Secretary of "The Nilgiris

District Teachers Cooperative Thrift and Credit Society" which is a

cooperative society governed by the Tamil Nadu Co-operative

Societies Act, 1983. The Deputy Registrar of Cooperative Societies

by his proceedings dated 12.06.2013 ordered inspection into the

affairs of the said society under Section 82 of the said Act. The

Sub Registrar, who was appointed to inspect the affairs of the

society in general, submitted a report on 20.09.2013.

https://hcservices.ecourts.gov.in/hcservices/

2. Alleging that during such inspection no opportunity was

given to the petitioner to participate in the proceedings, he made a

representation to the Sub Registrar on 22.11.2013 to afford

opportunity to him to participate in the proceedings under Section

82 of the Act. According to the petitioner, since it was not

considered he had to file a writ petition in W.P.No.34265 of 2013

seeking appropriate direction to the Sub Registrar to afford

sufficient opportunity. When the matter came up for hearing before

this court on 06.01.2014, it was brought to the notice of this court

that on completing the inspection the Sub Registrar had already

submitted his report. But, on facts, it was found that the

petitioner did not participate in the proceeding because he

received the notice belatedly. It was also contended before this

court that reasonable opportunity was not given to the petitioner to

participate in the proceeding under Section 82 of the Act. Having

considered the same, a learned single Judge of this court, by order

dated 06.01.2014, while disposing of the writ petition, issued a

direction not to give effect to the report submitted by the Sub

Registrar and with a further direction as follows:-

"6. In view of the matter, the petitioner

should be provided with a reasonable opportunity to

cross-examine the witnesses, already examined.

Therefore, there shall be a direction to the 3rd

respondent to permit the petitioner to cross-

examine the witnesses, examined on behalf of the

Society and also permit him to adduce both oral and

documentary evidence. The report already drawn, on

the basis of the ex parte enquiry need not be given

effect to.

7.

The

Co-operative

Sub-Registrar

/

Information Officer, Office of the Deputy Registrar

of Co-operative Societies, Ooty, 3rd respondent,

shall send notices to the witnesses already

examined, to be present on 20.01.2014, at 10.30

A.M., along with necessary records, so as to enable

the petitioner to cross-examine them. The

petitioner shall appear on the said date, i.e.,

20.01.2014, and participate in the enquiry. He

shall not seek for unnecessary adjournments, unless

for genuine and bona fide cause. After completion

of the cross-examination, the petitioner shall

produce his oral and documentary evidence, as

expeditiously as possible. The enqui