K KARNAN Vs. RAMESWARAM CO OPERATIVE STORES LTD

JUDGEMENT

(1.) The petitioner in this writ petition seeks to call for the records in A. R. C. No. 613 of 1952-53 on the file of the Deputy Registrar of Co-operative Societies. Ramanathapuram at Mathu-rai and issue a writ of prohibition or other appropriate direction or order restraining the respondents from taking further proceedings against the petitioner in the said A. R. C. No. 613 of 1952-53.

(2.) The facts giving rise to this writ petition are shortly these: The petitioner was the President of the Rameswaram Co-operative Stores Ltd., from 19-9-1851 to 44- 1952. On 30-11-1951 a cash box of the society containing a sum of Rs. 102712- 4 was found missing. Under by-law 23 (a) of the Society the president of the Society is the Chief Executive Officer of the society under whom all other persons have to work and he is the ex-officio treasurer and has to be in custody of all the properties of the society.

(3.) The Registrar of Co-operative Societies took action against the Society under Section 43 (1), Madras Co-operative Societies Act (VI of 1932) and appointed a Special Officer to be in charge of the affairs of the society. One of the grounds for the supersession of the society was the loss of the cash box belonging to the society which obviously could have taken place only through the negligence of the officers in charge. The Special Officer so appointed by the Registrar filed A. R. C. No. 613 of 1952 before the Deputy Registrar of Cooperative Societies, Ramanathapuram, at Mathu-rai, on behalf of the society against three persons, the ex-president, treasurer and ex-cashier of the society praying for a decree that these defendants might make good to the society the loss that had been sustained on account of the missing of the cash box containing Rs. 1027-12-4. The present writ of prohibition is directed to calling in question the Jurisdiction of the Deputy Registrar of Co-operative Societies and enquire into this claim by the society.