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W.P(MD)No.16407 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2026
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.16407 of 2018 and WMP (MD) Nos.14573 and 14574 of 2018 R.Shanmuganathan
... Petitioner(s) vs. 1.The Deputy Registrar of Cooperative Societies, Office of the Deputy Registrar of Cooperative Societies, Singarathoppu, Paramakudi Post, Ramanathapuram District. 2.U/Sec.82 Inspection Officer, Q1207 Melakodumalur Primary Agricultural Cooperative Society, Office of the Deputy Registrar of Cooperative Societies, Singarathoppu, Paramakudi Post, Ramanathapuram District. ... Respondent(s) 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 from the 1/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.16407 of 2018 first respondent relating to the impugned order passed by the first respondent made in Na.Ka.No.999/2018 Tho.Ve.Ku.Ka.Sa. Dated 04.06.2018 and quash the same as illegal. For Petitioner : Mr.C.G.Pethanaraj For Respondents : Ms.K.R.Shivashankari, Counsel for State O R D E R Challenging the proceedings dated 04.06.2018, passed by the first respondent appointing the second respondent as inspection officer, the present writ petition has been filed by the petitioner. 2. The learned counsel appearing for the petitioner submitted that the petitioner Society has challenged the proceedings initiated under Section 82 of the Tamil Nadu Co-operative Societies Act. The learned counsel further submitted that the impugned proceedings have been initiated without affording any opportunity to the petitioner Society and are, therefore, liable to be interfered with as being violative of the principles of natural justice. Accordingly, he prayed that this Court may set aside the impugned proceedings. 2/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.16407 of 2018
3. Per contra, the learned Counsel for State appearing for the respondents submitted that the impugned proceedings have been issued only for the purpose of conducting an enquiry under Section 82 of the Tamil Nadu Co- operative Societies Act. The enquiry contemplated under Section 82 is only a fact-finding enquiry to ascertain whether any irregularities have been committed in the affairs of the Society. Accordingly, she prayed for dismissal of this writ petition. 4. This Court has considered the submissions made on either side and perused the materials available on record. 5. Admittedly, an enquiry under Section 82 of the Act is only a fact- finding enquiry to ascertain whether any irregularities have been committed in the affairs of the Society. If any irregularities are noticed during the course of the enquiry, it is always open to the competent authority to initiate appropriate proceedings under Section 87 of the Act in accordance with law.
Therefore, the petitioner Society cannot be said to be an aggrieved person merely because an enquiry under Section 82 of the Act has been initiated, as the proceedings are 3/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.16407 of 2018 only preliminary in nature. However, if, pursuant to the enquiry, proceedings under Section 87 of the Act are initiated and any adverse order is passed against the Secretary, any employee or any other person concerned, it is open to such aggrieved person(s) to challenge the same before the appropriate forum in the manner known to law. No costs. Consequently, the connected miscellaneous petitions are closed. 03.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN 4/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.16407 of 2018 To 1.The Deputy Registrar of Cooperative Societies, Office of the Deputy Registrar of Cooperative Societies, Singarathoppu, Paramakudi Post, Ramanathapuram District. 2.U/Sec.82 Inspection Officer, Q1207 Melakodumalur Primary Agricultural Cooperative Society, Office of the Deputy Registrar of Cooperative Societies, Singarathoppu, Paramakudi Post, Ramanathapuram District. 5/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.16407 of 2018 M.DHANDAPANI
,J.
PKN
ORDER MADE IN W.P(MD)No.16407 of 2018 DATED : 03.07.2026 6/6 https://www.mhc.tn.gov.in/judis