The Joint Registrar of Cooperative Societies v. Balaji

JUDGMENT (Judgment of the Court was delivered by C.V.KARTHIKEYAN) The writ appeal had been filed questioning the order dated

07.11.2025 in WP(MD) No.31811/2025 and WMP(MD) NO.24992 of 2025.

¶2When the matter came up for admission on 02.02.2026, a Coordinate Bench of this Court had passed the following order: "2. Challenging the interim order dated 07.11.2025, passed by the learned Single Judge in W.P.(MD) No.31811 of 2025, directing the appellants herein to disburse the admitted terminal benefits, which have been calculated as a sum of Rs.8,61,132/-, to the respondent / writ petitioner, the present writ appeal has been filed.

¶3This Court, on hearing the learned Additional Government Pleader appearing for the appellants, found that there is no merit in this writ appeal and what was directed by the learned Single Judge is to pay the admitted liability towards the terminal benefits.

¶4Learned Additional Government Pleader appearing for the appellants submits that the appellant – Society has now become defunct and therefore, it's financial status has to be re-structured. Hence, some breathing time may be granted to the appellants to comply with the interim order passed by the learned Single Judge and in the meantime, the surcharge proceedings initiated against the respondent herein will also be completed.

¶5The first respondent, who is the Secretary of the appellant – Society, has attained superannuation, but he is not permitted to retire from service in view of the surcharge proceedings pending against him. As per the records, the respondent is entitled to a sum of around Rs.19,00,000/- towards terminal benefits. However, the surcharge proceedings is in respect of the recovery of Rs.8,61,132/-. Therefore, the learned Single Judge thought it fit to direct the appellant – Society to pay the accumulated terminal benefits deducting the disputed sum of Rs.8,61,132/-, which is the subject matter of the surcharge proceedings.

¶6Now, the first respondent has filed an affidavit dated Nil January, 2026, seeking time to pay the terminal benefits deducting the disputed sum of Rs.8,61,132/-, with interest.

¶7Taking into consideration the affidavit filed by the first respondent, we are of the view that the appellants shall be granted sometime to mobilize funds to pay the amount towards the terminal benefits in favour of the respondent as directed by the learned Single Judge.

¶8Accordingly, the appellants are directed to pay a sum of Rs.5,00,000/- (Rupees five lakhs only) to the respondent on or before 27.04.2026 and the balance amount of Rs.5,00,000/- shall be paid by the appellants to the respondent on or before 15.07.2026.

¶3Today, a copy of the proceedings had been produced reflecting the compliance of the said directions. The first instalment was paid on

24.04.2026 and 27.04.2026 by two separate cheques bearing Cheque Nos. 020352 and 020353 for sums of Rs.4,75,000/- and 25,000/- respectively. The second instalment was paid on 15.07.2026 vide cheque bearing No.020357 for a sum of Rs.5 lakhs/-. All the three cheques had been drawn of Thanjavur Central Cooperative Bank, Keelavasal Branch, Thanjavur.

¶4In view of this particular fact that the directions have been complied with, the writ appeal stands disposed of recording the compliance. No costs.

(C.V.K.,J.) (R.S.V,J.)

28.07.2026 RR To

¶1The Joint Registrar of Cooperative Societies, O/o. the Joint Registrar of Cooperative Societies, Samiyappa Cooperative Management Institute Campus, Medical College Road, Thanjavur

¶2The Deputy Registrar of Cooperative Societies, Samiyappa Cooperative Management Institute Campus, Medical College Road, Thanjavur - 613 007. C.V.KARTHIKEYAN,J AND R.SAKTHIVEL, J WA(MD) No.85 of 2026

28.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2026 CORAM THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN AND THE HON'BLE MR JUSTICE R.SAKTHIVEL WA.(MD)No.85 of 2026 1. The Joint Registrar of Cooperative Societies, O/o. the Joint Registrar of Cooperative Societies, Samiyappa Cooperative Management Institute Campus, Medical College Road, Thanjavur 2. The Deputy Registrar of Coopeerative Societies, Samiyappa Cooperative Management Institute Campus, Medical College Road, Thanjavur - 613 007. ... Appellants – Vs. - – 1. Balaji S/o. K. Maruthaiyan, Number. 44 , Valayalkara Street, Karanthai Post, Thanjavur District, Thanjavur - 613 002. ... Respondent Prayer in WA(MD). 85/ 2026 :Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer this Memorandum of Grounds of Writ Appeal aggrieved against the interim order dated 07.11.2025 passed in WP(MD). No.31811 of 2025 and WMP(MD). No.24992 of 2025. For Appellants : M/s.M.P.Senthil Counsel for State For Respondents : Mr.S.Sivasubramaniam