Case Note & Summary
The case involved an intra-court appeal filed by the Venbavur Primary Agricultural Co-operative Credit Society against a writ order dated 25.06.2026. The respondent, a former Secretary of the society, sought a direction to furnish a copy of an inquiry order issued under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983. The inquiry was initiated due to pending disciplinary and surcharge proceedings against him, as his terminal benefits had not been settled. The court examined the provisions of the Act, particularly Sections 81 and 87, which govern inquiries and surcharge proceedings, respectively. It noted that the inquiry under Section 81 is a statutory process aimed at assessing the administration and financial condition of the society, and that the results could lead to various actions, including disciplinary proceedings and surcharge actions. The court emphasized that these actions are independent and can proceed simultaneously. It concluded that the writ petition was not maintainable as the inquiry order was an internal action and did not provide a cause of action for legal proceedings. The court set aside the impugned writ order and allowed the appeal, closing the connected civil miscellaneous petition.
Headnote
A) Co-operative Societies Law - Writ Jurisdiction - Maintainability of Writ Petition - Tamil Nadu Co-operative Societies Act, 1983, Sections 81, 87, 152 - The court held that a writ petition seeking a copy of an inquiry order under Section 81 of the Act is not maintainable as it does not constitute a valid cause of action for legal proceedings. The inquiry is an internal departmental action and does not provide grounds for initiating writ proceedings (Paras 12-14).
Issue of Consideration
Whether a writ petition can be maintained to seek a copy of an inquiry order under the Tamil Nadu Co-operative Societies Act, 1983.
Final Decision
The court set aside the writ order passed in WP.No.23397 of 2026 and allowed the writ appeal, stating that the inquiry order does not constitute a valid cause of action for legal proceedings.
Law Points
- Writ jurisdiction
- statutory inquiry
- disciplinary proceedings
- subsistence allowance
- Tamil Nadu Co-operative Societies Act
