SENTHIL KUMAR Vs. COOPERATIVE TRIBUNAL [PRINCIPAL DISTRICT JUDGE]

JUDGEMENT

(1.) THE Order of the Cooperative Tribunal made in [C.S.] No.150/1995, dated 18.03.1997, relating to the Surcharge Proceedings is challenged in this Writ Petition.

(2.) P.Karuppusamy was the ex-clerk and one Ganapathi was the former Special Officer of the third Respondent Society. Jauvli stock deficit to the tune of Rs.5,76,221.93 was noticed during the year 1993. Surcharge Proceedings have been initiated against the said Karuppusamy and the Special Officer Ganapathi. Karuppusamy died on 16.11.1993. Surcharge proceedings continued against his legal heirs in accordance with law, by including them in the proceedings. Final orders were issued directing the legal heirs of Karuppusamy and the former Special Officer Ganapathi to pay the amount of Rs.5,76,221.93 jointly and severally with interest.

(3.) IN surcharge proceedings, as per the common order made in S.C.No.6/ 1993, dated 28.04.1994, sum of Rs.5,76,221.93 was ordered to be recovered. Challenging the same, legal heirs of Karuppusamy, including the Petitioner, have filed C.M.A.No.150/1995 and the then Special Officer has filed C.M.A. No.120/1995. Both the C.M.A.s were disposed of by a common Judgment. Aggrieved against that Judgment, the former Special Officer Ganapathi has filed Writ Petition W.P.No.11969/1997. That Writ Petition was dismissed by Justice K.Raviraja Pandian by order dated 25.01.2001. Writ Appeal No.837/2001 preferred by the said Ganapathi was also dismissed. When the Judgment in C.M.A.No.120/1995 has been confirmed by the Division Bench, the Petitioner cannot successfully challenge the surcharge proceedings and the Judgment of the Tribunal.