Writ Petition No.32480 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.09.2025 CORAM THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition No.32480 of 2025 J.Arun Kumar, S/o.Late N.P.Jayathilagam ...Petitioner Vs. 1. The Registrar of Co-op. Societies, N.V.N.Maligai, Kilpauk, Chennai – 10. 2. The Joint Registrar of Co-op. Societies, Krishnagiri Region, Krishnagiri District. 3. The Deputy Registrar of Co-op Societies, Krishnagiri Region, Krishnagiri District. 4. Dharmapuri District Central Co-operative Bank Limited, Dharamapuri District. ... Respondents ( R4 suo motu impleaded as per order dated 01.09.2025 by VLNJ) Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent herein to consider the representation dated 26.03.2025 made by the petitioner herein to conduct afresh hearing of surcharge case No.6/2007/Sa.Pa.1., dated 24.07.2008 on the file of 2nd respondent initiated against the petitioner's deceased father N.P.Jayathilagam and pass appropriate orders within stipulated time period as may be fixed by this Court. 1/6 https://www.mhc.tn.gov.in/judis Writ Petition No.32480 of 2025 For Petitioner : Mr.T.Sundaravadanam For Respondents : Mr.K.Thamilvendhan, Government Advocate ORDER Dharmapuri District Central Co-operative Bank Limited, Dharamapuri District is suo motu impleaded as party respondent No.4 in this writ petition. 2. The relief sought for in this writ petition is to direct the 2nd respondent herein, to consider the representation dated 26.03.2025 made by the petitioner herein, to conduct a fresh hearing of the surcharge case No.6/2007/Sa.Pa.1., dated 24.07.2008 on the file of 2nd respondent initiated against the petitioner's deceased father, N.P.Jayathilagam, and pass appropriate orders within stipulated time period as may be fixed by this Court. 3. Mr.K.Thamilvendan, learned Government Advocate takes notice for the respondents. 4. One N.P.Jayathilagam, was an employee of the fourth 2/6 https://www.mhc.tn.gov.in/judis Writ Petition No.32480 of 2025 respondent Co-operative society. He pleaded that he was not an employee of KK 252, Veeramalai Primary Agricultural Co-op. Credit Society, Krishnagiri Taluk, Krishnagiri District. Surcharge proceedings were initiated against him, where a charge was fixed for causing loss to the society and he was found liable. 5. Aggrieved by the same, he preferred an appeal before the learned Principal District Court, Krishnagiri in CMA(Co-operative Societies) No.16 of 2009. That too was dismissed against him. 6. Aggrieved by the same, he preferred a revision before this Court in CRP(NPD) No.217 of 2013. In the meantime, N.P.Jayathilagam passed away. His two sons were impleaded as petitioners 2 and 3 to the Civil Revision Petition. After hearing both sides, the revision was allowed and the matter was remanded to the Deputy Registrar of Co-operative Societies, Krishnagiri for fresh disposal in accordance with law. The relevant portions are as follows: “9. In the present case, in surcharge proceedings, the 2nd respondent has not mentioned the names of witness and evidence let in by the 1st respondent and has not given any specific finding against the 1st petitioner. In the surcharge 3/6 https://www.mhc.tn.gov.in/judis Writ Petition No.32480 of 2025 order of the 2nd respondent, there is no mention about the evidence let in to prove the deliberate negligence on the part of the 1st petitioner. In the surcharge order of the 2nd respondent, there is no mention about the evidence let in by the 1st respondent to prove the act of omission and commission or deliberate negligence on the part of the 1st petitioner. The Tribunal did not take note of the failure on the part of the 2nd respondent to record the evidence, consider the same and give a finding in the surcharge proceedings. For the above reasons, without deciding the issue on merits, the surcharge proceedings as well as judgments of the Co-operative Tribunal are set aside. The surcharge proceedings is remanded back to the 2nd respondent. The 2nd respondent is directed to give a finding whether petitioners 2 and 3 have inherited any estate of the deceased 1st petitioner. Only if the 1st respondent proves that petitioners 2 and 3 have inherited the estate of deceased 1st petitioner, 2nd respondent can proceed with the surcharge proceedings to consider whether due to wilful negligence and act of omission and commission on the part of the 1st petitioner, the 1st respondent has suffered loss. The 2nd respondent is directed to consider the evidence, if any already let in and fresh evidence, if any to be let in by the 1st respondent and petitioners 2 and 3. The 2nd respondent is directed to give opportunity to the petitioners 2 and 3 to cross examine all the witnesses and also permit the 4/6 https://www.mhc.tn.gov.in/judis Writ Petition No.32480 of 2025 petitioners 2 and 3 to let in evidence on their behalf, if they so desire.” 7. The petitioner's plea is that, despite the orders passed by this Court, proceedings have not been initiated as directed. Hence, the writ petition for the aforesaid reliefs. 8. Heard both sides. I have gone through the records. 9. When this Court directed the third respondent to initiate fresh proceedings, the third respondent is duty bound to do so. Keeping the surcharge proceedings pending would put the petitioner to serious prejudice. 10. Mr.K.Thamilvendhan, learned Government Advocate appearing for the respondents states that in compliance with the order passed by this Court dated 28.09.2020, the surcharge proceedings would be completed within a period of twelve (12) weeks from today. V.LAKSHMINARAYANAN, J mp 5/6 https://www.mhc.tn.gov.in/judis Writ Petition No.32480 of 2025 11. The statement of the learned Government Advocate is taken on record as an undertaking given by the respondents to this Court. The respondents are directed to complete the enquiry on or before 24.11.2025. 12. Post for reporting compliance on 25.11.2025. 13. Accordingly, this writ petition is disposed of. No costs. 01.09.2025 mp To 1. The Registrar of Co-op. Societies, N.V.N.Maligai, Kilpauk, Chennai – 10. 2. The Joint Registrar of Co-op. Societies, Krishnagiri Region, Krishnagiri District. 3. The Deputy Registrar of Co-op Societies, Krishnagiri Region, Krishnagiri District. 4. Central Co-operative Bank Limited, Poochampalli Branch, Dharamapuri District. W.P. No.32480 of 2025 6/6 https://www.mhc.tn.gov.in/judis