W.P(MD)No.15606 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.15606 of 2018 and WMP (MD) No.14028 of 2018 A.Muthu ... Petitioner(s) vs. 1.The Principal District Court/ The Co-operative Society Tribunal, Dindigul. 2.The Deputy Registrar of Co-operative Societies, Dindigul, Dindigul District. 3.The President, Dindigul Urban Co-operative Bank, No. 2, New Pensioner Street, Dindigul. ... Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.15606 of 2018 praying this Court to issue a Writ of Certiorari to call for the orders passed by the 1st respondent in C.M.A.(CS)No.15 of 2007 dated 22.12.2015, confirming the Surcharge Order passed by the 2nd respondent in Surcharge Proceeding No.Ta.Va.Ka.11/2005/Ku.Na(1) dated 28.11.2006, on the file of the 2nd respondent and quash the same as illegal. For Petitioner : Mr.K.R.Laxman For R1 & R2 : Mr.M.Mahaboob Athiff, Counsel for State O R D E R Challenging the order dated 22.12.2015 passed by the first respondent confirming the Surcharge Order dated 28.11.2006 passed by the second respondent, the present writ petition has been filed by the petitioner. 2.The subject matter of challenge in the present writ petition is the order passed by the Special Tribunal under Section 152 of the Cooperative Societies Act. The Division Bench judgement of this Court in the case of E.S.Sndara Mahalingam vs. The Special Tribunal for Cooperative Cases (District Judge) Tirunelveli and others, reported in 2020 (1) CWC 417 has categorically held that as against an order passed under Section 152 of the Co- 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.15606 of 2018 operative Societies Act, only a petition under Article 227 of the Constitution of India is maintainable and a writ petition cannot be maintained. 3. In view of the above, liberty is granted to the petitioner to challenge the order passed by the Tribunal by filing an appropriate petition under Article 227 of the Constitution of India. If the original order has been filed in the writ petition, the same shall be returned to the learned counsel for the petitioner in order to enable the learned counsel to file the petition under Article 227 of the Constitution of India. 4. This writ petition is disposed of accordingly. No Costs. Consequently, connected miscellaneous petition is closed. 03.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.15606 of 2018 To 1.The Principal District Court/ The Co-operative Society Tribunal, Dindigul. 2.The Deputy Registrar of Co-operative Societies, Dindigul, Dindigul District. 3.The President, Dindigul Urban Co-operative Bank, No. 2, New Pensioner Street, Dindigul. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.15606 of 2018 M.DHANDAPANI ,J. PKN ORDER MADE IN W.P(MD)No.15606 of 2018 DATED : 03.07.2026 5/5 https://www.mhc.tn.gov.in/judis