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W.P(MD)No.18518 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.18518 of 2026 and W.M.P.(MD).No.13695 of 2026 D.Subramanian ... Petitioner Vs 1.The Deputy Registrar, Office of the Deputy Registrar of Co-op Societies, Palanganatham, Madurai-3. 2.The management / Administrator, A2982 Pallapatti Primary Agricultural Co-Operative Credit Society, Pallapatti, Melur Taluk, Madurai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, calling for the records of the impugned order / Section 87 surcharge notice proceedings by the first respondent in Na.Ka.No.2258/2025, Sa.Pa dated 11.03.2026 and quash the same as illegal. 1/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.18518 of 2026 For Petitioner : Mr.R.Saravanan For R-1 : Mrs. K.R.Shivashankari, Counsel for the State
ORDER This Writ Petition has been filed challenging the impugned surcharge notice issued by the first respondent under Section 87 of the relevant provisions in Na.Ka.No.2258/2025/Sa.Pa., dated 11.03.2026.
2. Heard Mr. R. Saravanan, learned counsel appearing for the petitioner, and Mrs. K.R. Shivashankari, learned counsel for State, who takes notice on behalf of the first respondent.
3. Since no adverse order is going to be passed against the second respondent, notice to him is dispensed with.
4. The learned counsel appearing for the petitioner submitted that the petitioner was employed as Secretary in the second respondent Co-operative 2/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.18518 of 2026 Society. According to him, during the course of service, certain irregularities are alleged to have been committed by the petitioner. Pursuant thereto, the first respondent has initiated surcharge proceedings under Section 87 and issued the impugned surcharge notice dated 11.03.2026. It is the contention of the learned counsel that the surcharge proceedings have been initiated beyond the period of limitation prescribed under law and, therefore, the impugned notice is liable to be quashed.
5. Per contra, the learned Counsel for State appearing for the first respondent submitted that the impugned proceedings are only in the nature of a show cause notice calling upon the petitioner to participate in the surcharge proceedings. She would submit that the petitioner has an effective opportunity to raise all factual and legal objections, including the plea of limitation, before the competent authority. Without availing such opportunity, the present Writ Petition has been prematurely filed and the same is not maintainable. 3/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.18518 of 2026
6. This Court has considered the rival submissions made on either side.
7. The impugned proceedings are only a show cause notice issued in the course of surcharge proceedings. At this stage, this Court is not inclined to interfere with the said notice in exercise of its jurisdiction under Article 226 of the Constitution of India. It is always open to the petitioner to submit his explanation and raise all the grounds available to him in law, including the plea that the surcharge proceedings are barred by limitation. It is for the competent authority to consider such objections on their own merits and in accordance with law before passing any final order.
8. Accordingly, this Writ Petition stands disposed of. There shall be no
order as to costs. Consequently, the connected miscellaneous petition is closed. 02.07.2026 NCC : Yes / No Index : Yes / No TSG 4/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.18518 of 2026 To 1.The Deputy Registrar, Office of the Deputy Registrar of Co-op Societies, Palanganatham, Madurai-3. 2.The management / Administrator, A2982 Pallapatti Primary Agricultural Co-Operative Credit Society, Pallapatti, Melur Taluk, Madurai District. 5/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.18518 of 2026 M.DHANDAPANI, J. TSG W.P(MD)No.18518 of 2026 02.07.2026 6/6 https://www.mhc.tn.gov.in/judis