BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25/04/2025 CORAM THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs. JUSTICE S.SRIMATHY WA(MD). Nos.1083 and 1084 of 2025 and CMP(MD) Nos.6822 and 6823 of 2025 WA(MD) No.1083 of 2025 K.M.Murugesan ... Appellant/petitioner v. 1.The Commissioner Commissionerate of Milk Production & Dairy Development Department Madhvaram Milk Colony Chennai 600 051. 2.The Deputy Registrar (Dairy Development) Kundurayar Street Manamadurai Sivagangai District 3.The General Manager, Sivagangai District Cooperative Milk Producers Union Ltd, Karaikudi Sivagangai District ... Respondents WA(MD) No.1084 of 2025 A.Santhanakrishnan ... Appellant/petitioner v. 1.The Commissioner Commissionerate of Milk Production & 1/6 https://www.mhc.tn.gov.in/judis Dairy Development Department Madhvaram Milk Colony Chennai 600 051. 2.The Deputy Registrar (Dairy Development) Kundurayar Street Manamadurai Sivagangai District 3.The General Manager, Sivagangai District Cooperative Milk Producers Union Ltd, Karaikudi Sivagangai District ... Respondents PRAYER :- Writ Appeals filed under Clause 15 of Letters patent against the order of this Court dated 27.03.2025 in WP(MD). Nos.3762 and 3797 of 2025. For Appellants : Mr.P.Saravanakumar For Respondents : Mr.S.S.Madhavan for R1 & R2 Additional Government Pleader Mr.J.Devasenan for R3 JUDGMENT (Judgment of the Court was delivered by S.SRIMATHY,J.) The writ appeals have been filed against the order of the writ Court dated 27.03.2025 passed in WP(MD) Nos.3762 and 3797/2025. 2. The writ petitioners are the appellants herein. 3. The writ petitions have been filed challenging the impugned order of the third respondent dated 27.12.2024 and for a direction to release the retirement and 2/6 https://www.mhc.tn.gov.in/judis service benefits to them. 4. Upon hearing the learned counsel on both sides, the writ Court dismissed the writ petitions on the ground that no interference is warranted to the order impugned in the writ petition, as the charges against the petitioners are of misappropriation of amount in the third respondent Union. Challenging the said dismissal, the writ petitioners are before this Court with these appeals. 5. The learned counsel for the appellants submitted that the allegation against the appellants is misappropriation of funds. However, the criminal proceedings and the surcharge proceedings were dropped and disciplinary proceedings were never initiated against the delinquent. 6. The proceedings under challenge before the Writ Court does not indicate misappropriation is proved. However, there is some loss to the society, which has been quantified in proceedings dated 27.12.2024 and the liability of the appellants as under: gzpahsh; ngah; epjpapog;G nkhj;j njhif 18% tl;b epjpapog;G 18% tl;b njhif tR+y; nra;ag;gl;l njhif tR+y; nra;ag;gl Ntz;ba njhif K.M.KUNfrd; 3,97,186.65 6,61,416.01 10,58,602.66 4,45,123.65 6,13,479.01 3/6 https://www.mhc.tn.gov.in/judis A.re;jhdfpU \;zd; 3,97,186.65 6,85,378.76 10,82,565.41 4,86,149.00 5,59,416.41 The above table indicates that the appellants are liable to pay Rs.3,97,186.65 and Rs.3,97,186.65 without interest. After adding interest at 18% interest for the period, the appellants are liable to pay is Rs.10,58,602.66 and Rs.10,58,565.41 respectively. The appellants had already paid a sum of Rs.4,45,123/- and Rs. 4,86,149/- respectively which is inclusive of interest at the rate of 18%. And the balance amount payable is Rs.6,13,479.01p and Rs.5,59,416.41p. 6. Since the appellants had paid principal amount of Rs.3,97,186.65 and Rs. 3,97,186.65 respectively, this Court is fixing the liability of the appellants as five lakhs. Therefore, the appellants are liable to pay the balance amount. Names Five lakhs payable minus Principal K.M. Murugesan Rs.5,00,000 -3,97,186.65p = Rs. 1,02,813.35p Rs.5,00,000 – Rs. 4,45,123 = Rs.54,877 A.Santhanakrishnan Rs.5,00,000 - 3,97,186.65p = Rs. 1,02,813.35p Rs.5,00,000 - Rs. 4,86,149 = Rs.13,851 In view of the above facts the K.M. Murugesan is liable to pay Rs.54,877/- and A.Santhanakrishnan is liable to pay Rs.13,851/-. 4/6 https://www.mhc.tn.gov.in/judis 7. In order to give a quietus to the issue, this Court is inclined to direct the appellants to pay the aforesaid balance and the rest of the amount is concerned, the respondents are restrained from collecting. The above amount shall be paid with a period of four weeks from the date of receipt of the copy of the order. Accordingly, the writ appeals stand allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. [J.N.B.,J] [S.S.Y.,J] 25.04.2025 NCC : Yes/No Index : Yes/No RR/TMG To 1.The Commissioner Commissionerate of Milk Production & Dairy Development Department Madhvaram Milk Colony, Chennai 600 051. 2.The Deputy Registrar (Dairy Development) Kundurayar Street, Manamadurai Sivagangai District 3.The General Manager, Sivagangai District Cooperative Milk Producers Union Ltd, Karaikudi Sivagangai District 5/6 https://www.mhc.tn.gov.in/judis J.NISHA BANU, J AND S.SRIMATHY, J. RR/TMG ORDER IN WA(MD) Nos.1083 and 1084 of 2025 Date : 25/04/2025 6/6 https://www.mhc.tn.gov.in/judis