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2006 DIGILAW 1684 (MAD)

K. Muniappan v. Deputy Registrar of Co-operative Societies, Tirupattur Circle, Vellore District and Others

2006-07-06

A.KULASEKARAN

body2006
Judgment : By consent of the learned counsel on either side, this writ petition is taken up for final disposal at the admission stage itself. The learned Special Government Pleader takes notice for the respondents. Heard both sides. 2. The case of the petitioner is that he is the member of the 3rd respondent-Society and that his membership number is 370 and that he availed loan for agricultural purpose and the 2nd respondent issued summons dated 16.6.2006 under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983, directing the petitioner to appear for an enquiry on 21.6.2006 at 2.30 p. m., and as the said summons was served on the petitioner in the morning hours on 21.6.2006, he could not appear for the said enquiry as directed and hence, this writ petition has been filed. 3. The learned counsel for the petitioner has submitted that the petitioner is the ordinary member of the 3rd respondent-Society and he availed loan for agricultural purpose and that he is in no way connected with the affairs of the 3rd respondent-Society and hence, calling him to appear for an enquiry under Section 81 of the said Act is illegal and untenable and he is concerned only with the loan availed for agricultural purpose and hence, prayed for quashing the impugned summons dated 16.6.2006. 4. Section 81(d) of the Tamil Nadu Co-operative Societies Act, 1983 is the relevant Section for the disposal of this writ petition and the Section 81(d) of the said Act reads as under: “He may summon any person, who, he has reason to believe, has knowledge of any of the affairs of the Society and may examine such person on oath and may summon any person to produce any books, accounts or documents belonging to him or in his custody if the Registrar, or the person authorised as aforesaid has reason to believe that such books, accounts or documents contain any entry relating to the transactions of the Society.” 5. It is evident from the Section 81(d) of the said Act that the Registrar may summon any person, who, he has reason to believe, has knowledge of any of the affairs of the Society and may examine such person on oath and may summon any person to produce any books, accounts or documents belonging to him or in his custody. It is evident from the Section 81(d) of the said Act that the Registrar may summon any person, who, he has reason to believe, has knowledge of any of the affairs of the Society and may examine such person on oath and may summon any person to produce any books, accounts or documents belonging to him or in his custody. Hence, the said Section confers powers to the Registrar to summon any person and hence, the impugned summons dated 16.6.2006 of the 2nd respondent, directing the petitioner to appear for an enquiry before him is perfectly within the ambit of Section 81 (d) of the Tamil Nadu Co-operative Societies Act, 1983. Further, this Court finds no reason to interfere with the said impugned summons. 6. In the result, this writ petition fails and the same is dismissed. No costs. Consequently, the connected M.P. is closed.