Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 45893 (MAD)

S.KRISHNAMURTHY v. The Deputy Registrar Of Co Operatives Societies

CRP/3392/2023 · 2025-07-18

P T Asha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R.P.(Npd).No.3392 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :18.07.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P(Npd).No.3392 of 2023 and C.M.P.No.21059 of 2023 S. Krishnamurthy ...Petitioner vs- 1. The Deputy Registrar Cooperative Societies, Office at Teachers Nagar, Santhapettai, Thirukoilur & Post, Villupuram District. 2. The President, I.I. 630, Emappur Primary, Agricultural Co-operative Credit Society, Emappur & Post, Thiruloilur Taluk, Villupuram District. ...Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution praying to set aside the Decree and Judgement passed in Co-operative CMA. No.1 of 2017, dated 01.07.2019 on the file of the Principal District Judge, Villupuram whereby confirmed the order passed by the 1st respondent in his proceedings Na.Ka.No. 287/2016 Sa.Pa, dated 04.08.2016. 1/6 https://www.mhc.tn.gov.in/judis C.R.P.(Npd).No.3392 of 2023 For Petitioner : C. Prakasam For Respondent-1 : Mr. D. Gopal, Government Advocate For Respondent-2 : Mr. B.Tamil Nidhi ORDER The above Writ Petition is filed challenging the order passed by the learned Principal District Judge, Villupuram in C.M.A(C.S) No.1 of 2017 in and by which the learned Judge has confirmed the order passed by the Deputy Registrar of Cooperative Societies, Thirukoilur in his proceedings bearing No.Na.Ka.287/2016 Sa.Pa dated 04.08.2016. 2. The petitioner before this Court was the Secretary of the 2nd respondent's Society, who had retired from service in 2012. The entire retirement benefits were disbursed to him and after a lapse of 3 years, the 1st respondent ordered an enquiry under Section 81 of theTamil Nadu Cooperative Societies Act ( hereinafter after called "Act” ). Thereafter, surcharge proceedings were initiated under Section 87(1) of the Act and it was held that the petitioner and the Junior Clerk were liable. Challenging the same, the petitioner is before this Court. 2/6 https://www.mhc.tn.gov.in/judis C.R.P.(Npd).No.3392 of 2023 3. The learned counsel for the 2nd respondent has brought to the notice of this Court that the order dated 04.08.2016 was a common order and that K.Babu, the Junior Clerk who has been jointly held responsible along with the revision petitioner, has filed C.R.P.No.1899 of 2021 and this Court, relying upon the oral evidence given by the said Babu ,which is extracted herein below, had dismissed the Civil Revision Petition. "nkw;fhQqk; 30 fld;jhuu;fSf;Fk; tH';fg;gl;ljhf r';f ehnsl;oy; vGjpaJ bgha;ahd gjpthFk;/ cz;ikapy; ,tu;fSf;F fld; tH';fg;gltpy;iy/ fld; nfhg;g[fSk; jahupf;fg;gltpy;iy/ ,f;fld; bjhifapid kj;jpa t';fpapYk; kPs bgwg;gltpy;iy/ fld; tH';fpajhf bgha;ahd tt[r;ru; jahupj;J mjpy; nghu;$upahf ifbahg;gk; nghl;Ls;sJ cz;ikjhd;/ buhf;f ifapUg;ig Fiwj;Jf; fhl;Ltjw;fhfnt ,J nghd;nw bra;ag;gl;lJ/ ehnsL brayhsUk; tt[r;ru; vd;dhYk; vGjg;gl;Ls;sJ vd;gij xg;g[f; bfhs;fpnwd;/ brayhsu; tt[r;ru; vGjr; brhd;djhy; ehd; vGjpndd;/ vdf;F xd;Wk; bjupahJ/ vdnt ,e;j epjpapHg;gpw;F ehd; bghWg;g[ ,y;iy/ ,g;gjpt[fs; r';fj;jpd; rpw;bwGj;juhfpa vd;dhy; vGjg;gl;Ls;sJ cz;ikjhd;/ ,g;gjpt[fs; midj;Jk; bgha;ahd gjpt[fs; vd;gij ehd; xg;g[f; bfhs;fpnwd;/ 3/6 https://www.mhc.tn.gov.in/judis C.R.P.(Npd).No.3392 of 2023 ,j;bjhif r';f ehnsl;ow;F tut[ tutpy;iy/ fld;jhuu;fs; gzk; fl;oaikf;fhd ryhDk; ,y;iy/ fld;jhuu;fsplkpUe;J buhf;fj;jpid bgw;Wf; bfhz;L fld; fzf;fpy; kl;Lk; tut[ itj;J fld; r';f ehnsl;ow;F r';f epjp U:/7.33.230 epjpapHg;g[ Vw;gLj;jpaJ cz;ikjhd;?/" 4. Considering the fact that the said Babu has, in his deposition clearly stated that the entries in the ledger book were false entries and also deposed that it was the Secretary/the petitioner herein who prepared the ledger, the Civil Revision deserves to be dismissed and is accordingly dismissed, confirming the order passed in Co-operative CMA. No.1 of 2017. No costs. Consequently, connected miscellaneous petition is closed. 18.07.2025 Index: Yes/No Speaking order/non-speaking order Neutral Citation: Yes/No srn To, The Principal District Judge, Villupuram 4/6 https://www.mhc.tn.gov.in/judis C.R.P.(Npd).No.3392 of 2023 P.T.ASHA, J., srn C.R.P(Npd).No.3392 of 2023 and C.M.P.No.21059 of 2023 5/6 https://www.mhc.tn.gov.in/judis C.R.P.(Npd).No.3392 of 2023 18.07.2025 6/6 https://www.mhc.tn.gov.in/judis