R.Velayudham v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2024

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN against W.A.No.1864 of 2018 R.Velayudham ..

Petitioner Vs.

1. The Presiding Officer Cooperative Tribunal / Principal District Court Cuddalore.

2. The Deputy Registrar of Co-op Societies Virudhachalam Circle, Virudhachalam Cuddalore District.

3. The Special Officer I.I.556, Tholar Primary Agricultural Cooperative Credit Society Ltd.

Tholar Village and Post, Tittagudi Taluk Cuddalore District.

..

Respondents Prayer: Petition filed under Order 47 Rule 1 r/w Section 114 of the Code of Civil Procedure, 1908, against the order in W.A.No.1864 of 2018 dated 03.12.2018.

For the Petitioner :

Mrs.Hemalatha for Mr.C.Prakasam For the Respondents :

Mr.G.Krishnaraja Additional Government Pleader for R2 and R3

ORDER

(Delivered by the Hon'ble Mr. Justice S.M.SUBRAMANIAM) The learned counsel for the review petitioner, Mrs.Hemalatha, would submit that the Division Bench, in paragraph 3 of the judgment dated 03.12.2018, recorded the submissions made between the parties. It is stated that one Paramasivam, Cashier of the Cooperative Society, has accepted the guilt and undertook to pay the same and therefore, the entire liability cannot be mulcted on the writ petitioner and granted liberty to the Society to proceed against Paramasivam initially for recovery of the amount and on failure to do so, granted liberty to proceed against the writ petitioner and other employees.

2. Such submissions made between the parties before this Court in the writ appeal cannot be re-adjudicated, nor the grounds raised in the present petition deserve merit consideration. It is an observation made by this Court, based on the rival submissions made between the parties.

3. Therefore, as certain observations made in paragraph 3 of the judgment is sought to be reviewed, the present review petition cannot be entertained. The Division Bench has independently considered the issues and dismissed the writ appeal.

4. The grounds for appeal cannot be considered to entertain the review application. Therefore, the petitioner has not established any error apparent on record, warranting exercise of review jurisdiction.

5. The review petition, accordingly, stands dismissed. There shall be no order as to costs.

(S.M.S., J.) (C.K., J.) 29.07.2024 Index : Yes/No drm

To:

1. The Presiding Officer Cooperative Tribunal / Principal District Court Cuddalore.

2. The Deputy Registrar of Co-op Societies Virudhachalam Circle, Virudhachalam Cuddalore District.

3. The Special Officer I.I.556, Tholar Primary Agricultural Cooperative Credit Society Ltd.

Tholar Village and Post, Tittagudi Taluk Cuddalore District.

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

(drm) 29.07.2024