V CHELLAPANDIAN Vs. DISTRICT COLLECTOR RAMANATHAPURAM DISTRICT

JUDGEMENT

(1.) This appeal arises out of an order passed by the learned single Judge dismissing the writ petition filed by the appellant.

(2.) The writ petition has been filed by the President of the Q.1244 Sathurvethamangalam Primary Agricultural Co-operative Credit Society (hereinafter called as 'the society') challenging the notice issued by the third respondent under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 (for brevity, 'the Act'). The appellant claims to be the President of the Society which is run in the interest of the members addressing the needs of the farmers by way of extending financial assistance with respect to crop loan and damages. The beneficiaries will be identified by the Village Administrative Officer on the basis of patta, adangal etc. The society only extends the financial help by disbursing the amount without conducting any independent enquiry with respect to the beneficiaries. During the years 2012, 2013 and 2014 audits have been conducted and there were no adverse remarkes found out with respect to cash balance. The erst while President of the society one Mr.K.R.Adhi against whom a notice was issued regarding defaulters list forwarded by the society had been interfering with the administration and functioning of the society with mala fide interest. It is, the said Adhi who had sent various complaints and representations to the authorities with an ulterior motive. It is stated that he had also made a complaint to the first respondent alleging that there was a fraud committed in the crop loan in the year 2012-2013 by the President and other members and sought for action. It is further alleged that based on the said complaint, the second respondent was directed to issue a notice under Section 81 of the Act for an enquiry and the third respodnent had issued a notice and appointed the fourth respondent as Enquiry Officer on 13.08.2015. Pursuant to the same, the fourth respondent also had seized the accounts books and vouchers for the relevant period from the society. Now the only grievance of the appellant is that Section 81 notice has been issued in violation of Rule 104 of the Tamil Nadu Co-operative Societies Rules, 1988 and without following the procedure.

(3.) It is further stated that the society was not served with the notice as on date. Even presuming that there were some confusion in the disbursement of the crop loan during the years 2012, 2013 and 2014, as the society does not verify it by itself and the disbursement is only based on the recommendations of the Village Adminstattive Officer, the same cannot be attributed to the society as the role of the society is limited only to the disbursement of the amount.