KUMARASAMY Vs. THE DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) In this civil revision petition, the fair and decreetal orders, dated 31.10.2005, made in C.M.A.No.59 of 2004, on the file of the Principal District Court, Tirunelveli, confirming the order of the respondent in Tha.Va.Ka.No.5/2003-2004/E-1, dated 06.01.2004, are impugned by the revision petitioners.

(2.) It is found that the Deputy Registrar of Co-operative Societies, Tirunelveli, has passed an order, in Tha.Va.Ka.No.5/2003-2004/E-1, dated 06.01.2004, under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter, referred to as ?the Act?), against the revision petitioners, holding that they are jointly and severally liable to pay a sum of Rs.5,90,016/- with interest at the rate of 18% per annum till the date of realization of the amount to 0.1167 Palayamkottai Co-operative Housing Society. It is found that impugning the said order the revision petitioners preferred C.M.A.(CS) No.59 of 2004, before the Appellate Authority / Special Tribunal for Co-operative Societies Cases (District Court), Tirunelveli and the Appellate Authority had also, on a consideration of the materials placed before it, confirmed the order of the Deputy Registrar of Co-operative Societies, Tirunelveli, above referred.

(3.) Briefly stated, it is found that the revision petitioners, who are the office bearers of Palayamkottai Co-operative Housing Society, had misused their official position and accordingly, it is stated that they had acquired certain plots / sites from Tirunelveli Central Co-operative Bank Employees Housing Society for the price fixed and thereafter, without obtaining the permission from the Registrar (Housing Society) and also not considering the prevailing market value and fixing the rate at a marginal price above the actual cost of the said plots / sites had alienated the same to the alleged members of the Society and thereby, it is stated that the revision petitioners had caused loss to the Society as well as the Exchequer of the Government by way of stamp duty amounting to Rs.5,90,916/- and 59,203/- respectively. Further, it is stated that contrary to the rules, they had also allotted more extent of land to the members S.Kumarasamy, A.Senthilrajan, S.Ganapathi and S.Muthu Kumarasamy and further they had also not verified whether permission of the Corporation has been duly obtained and further they had also alienated the plots / sites to certain alleged members, who had not actually become members of the Society on the date of alienation and thereby, proceedings have been initiated, under Section 87 of the Act, against the revision petitioners holding that they are jointly and severally liable for the above loss caused to the Society as well as the State Government.