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2026 DAILYLAW 58629 (MAD)

R.Shanmugavelu v. The Registrar of Cooperative Societies

WP(MD)/21589/2026 · 2026-07-30

M Dhandapani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD)No.21589 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2026 CORAM THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.21589 of 2026 and W.M.P.(MD).Nos.16136 and 16137 of 2026 R.Shanmugavelu ...Petitioner Vs 1.The Registrar of Cooperative Societies, O/o. the Registrar of Cooperative Societies, 170, N.V.Natarajan Maaligai, Periyar Evr High Road, Kilpauk, Chennai – 600010. 2.The Joint Registrar of Cooperative Societies, O/o. the Joint Registrar of Cooperative Societies, Dindigul Region, Dindigul. 3.The Deputy Registrar of Cooperative Societies, O/o. the Deputy Registrar of Cooperative Societies, Palani Circle, Dindigul District. 4.D.D.568, V.Ammapatti Primary Agricultural Cooperative Credit Society, Rep.By the Administrator, Vedasanthur Taluk, Dindigul District. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21589 of 2026 5. Mr.P.Logendran ...Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order vide Na.Ka.1317/2026/VeSeSa dated 11.07.2026 passed by the third respondent and quash the same. For Petitioner : Mr.D.Shanmugaraja Sethupathi For R-1 to R-3 : Mr.M.Mahaboob Athiff, Counsel for State ORDER This Writ Petition has been filed challenging the impugned order in Na.Ka.No.1317/2026/Ve.Se.Sa. dated 11.07.2026 passed by the third respondent. 2. Heard the learned counsel appearing for the petitioner and Mr. M. Mahaboof Athiff, learned Counsel for State, who takes notice on behalf of respondent Nos.1 to 3. 3. Since no adverse order is proposed to be passed against respondent Nos.4 and 5, notice to them is dispensed with. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21589 of 2026 4. The learned Counsel for the State appearing for respondent Nos.1 to 3 would submit that, by proceedings dated 10.07.2026, the official respondents appointed Tmt. Karthikaselvi as the Administrative Officer of the fourth respondent Co-operative Society. Prior to the said appointment, the fifth respondent had been functioning as the Administrator of the fourth respondent Society and has subsequently been transferred to another place. It is his contention that Clauses 5(iii) and 5(iv) of the Circular dated 04.10.2024 are not attracted to the facts of the present case. According to him, the said clauses prohibit the appointment of (i) the departmental field officer of the circle within whose jurisdiction the society is functioning, or (ii) an officer of the department who has worked in the society or exercised administrative control over the society in the recent past, as the Enquiry Officer. Since the fifth respondent is no longer holding any administrative control over the fourth respondent Society, the said clauses would not apply. Therefore, he prayed for dismissal of the writ petition. 5. Per contra, the learned counsel appearing for the petitioner would submit that the Circular dated 04.10.2024 specifically provides that an officer of the department who has worked in the society or has exercised administrative control over the society in the recent past shall not be appointed as the Enquiry 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21589 of 2026 Officer. The fifth respondent had admittedly functioned as the Administrator of the fourth respondent Society immediately prior to the appointment of Tmt. Karthikaselvi. Therefore, irrespective of his subsequent transfer, he squarely falls within the prohibition contained in Clauses 5(iii) and 5(iv) of the Circular and is consequently ineligible to be appointed as the Enquiry Officer. 6. On instructions, the learned Counsel for State fairly submitted that, instead of the fifth respondent, another competent officer would be appointed as the Enquiry Officer within a period of one week, strictly in accordance with the Circular dated 04.10.2024. 7. Recording the said submission, this Writ Petition is disposed of with a direction to respondent Nos.1 to 3 to appoint another competent officer, other than the fifth respondent, as the Enquiry Officer within a period of one week from the date of receipt of a copy of this order, in strict compliance with the Circular dated 04.10.2024. No costs. Consequently, the connected miscellaneous petitions are closed. 30.07.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No TSG 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21589 of 2026 To 1.The Registrar of Cooperative Societies, O/o. the Registrar of Cooperative Societies, 170, N.V.Natarajan Maaligai, Periyar Evr High Road, Kilpauk, Chennai – 600010. 2.The Joint Registrar of Cooperative Societies, O/o. the Joint Registrar of Cooperative Societies, Dindigul Region, Dindigul. 3.The Deputy Registrar of Cooperative Societies, O/o. the Deputy Registrar of Cooperative Societies, Palani Circle, Dindigul District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21589 of 2026 M.DHANDAPANI, J. TSG W.P.(MD)No.21589 of 2026 30.07.2026 6/6 https://www.mhc.tn.gov.in/judis