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Madras High Court· 21 August 2026

Is a writ petition maintainable against an order under Section 87 of the Tamil Nadu Co-operative Societies Act where an appeal lies to the Special Tribunal?

The Administrator v. V. Ganesan
WA.2533/2026 · 2026:MHC:3558 · WA No. 2533 of 2026
Coram: Justice S.M.Subramaniam · Justice Krishnaswamy Govindarajan
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Answer

A writ petition is not maintainable against an order under Section 87 where an appeal lies to the Special Tribunal.

No. A writ petition is not maintainable against an order under Section 87 where an appeal lies to the Special Tribunal. An appeal under Section 152 constitutes judicial proceedings before a judicial forum, the High Court cannot adjudicate disputed facts in surcharge proceedings, and a remedy under Article 227 lies only after that appeal is disposed of. (¶10, 11)

Headnote

Tamil Nadu Co-operative Societies Act, 1983 — ss.81, 87, 152 — Statutory inquiry — Surcharge proceedings — Alternative remedy — Maintainability of a writ petition — Tamil Nadu Co-operative Societies Act, 1983 — s.81 — Order directing an inquiry — No cause of action — Held: An order directing a statutory inquiry is an internal departmental action and provides no cause of action; a writ seeking a copy of it is premature and not maintainable. (¶12, 13) Tamil Nadu Co-operative Societies Act, 1983 — s.81 — Three-fold consequential actions — Independent and simultaneous — Held further: Disciplinary proceedings, a criminal case and surcharge proceedings founded on an inquiry report are distinct, and no one of them is stalled by the pendency of another. (¶7, 8) Tamil Nadu Co-operative Societies Act, 1983 — ss.87, 152 — Efficacious alternative remedy — Article 227 only thereafter — Held further: A writ petition does not lie against an order under s.87, the remedy being an appeal to the Special Tribunal. Writ order set aside and appeal allowed. (¶10, 17)

Headnote

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In the Court's own words
Paragraph 10A final order passed under Section 87 of the Act is appealable under Section 152 of the Act. Section 152 provides for an appeal to the Special Tribunal for Co-operative Societies (constituted under Section 151 of the Act) where the respective Principal District Judges are notified as the Special Co-operative Tribunal to deal with such appeals. An appeal under Section 152 of the Act constitutes judicial proceedings conducted by a judicial forum. Therefore, a writ petition is not maintainable against an order passed under Section 87 of the Act.
Paragraph 11The High Court cannot adjudicate disputed facts in surcharge proceedings where allegations relating to financial losses to a society are dealt with. This is precisely why High Courts do not entertain writ petitions against notices or final orders passed under Section 87 of the Act. When an efficacious alternative judicial remedy before the Principal District Judge/Special Co-operative Tribunal is available, an aggrieved person is expected to approach the Tribunal for an effective adjudication of the issues. Only after the disposal of an appeal under Section 152 of the Act does a remedy lie before the High Court under Article 227 of the Constitution of India.
Acts & Sections
s.81 Tamil Nadu Co-operative Societies Act, 1983s.87 Tamil Nadu Co-operative Societies Act, 1983s.152 Tamil Nadu Co-operative Societies Act, 1983Art.227 Constitution of India

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Also decided in this judgment
Does an order directing an inquiry under Section 81 of the Tamil Nadu Co-operative Societies Act provide a cause of action for instituting legal proceedings?Are disciplinary proceedings, a criminal case and surcharge proceedings arising from an inquiry report independent and distinct?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections