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Madras High CourtCRP/807/2009allowed

D.Kovil Pitchai v. The Deputy Registrar

2023-02-13Honourable Mr Justice G.K. Ilanthiraiyan11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2023

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN CRP.No.807 of 2009 D.Kovil Pitchai ..Petitioner Vs.

1.The Deputy Registrar of Co-operative Societies, Collectorate Compound, Coimbatore 641 018 2.The Coimbatore District Consumers Co-operative Wholesale Stores, rep. by its Secretary, Mettupalayam Road, Coimbatore 641 002 ..Respondents PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the orders of the learned Principal District Judge of Coimbatore, dated 31.01.2008 in CMA.No.131 of 1995 confirming the award passed by the Deputy Registrar of Co-operative Societies, Coimbatore dated 20.01.1995 in ARC.No.310/89-90 and to allow the above civil revision petition. For Petitioner : Mr.J.Hariharan for Mr.V.Nicholas 1/10

For Respondents For R1 : Mr.C.Sathish, Government Advocate For R2 : Mr.P.Anbarasan CRP.No.808 of 2009 V.Jayaraman ..Petitioner Vs.

1.The Deputy Registrar of Co-operative Societies, Collectorate Compound, Coimbatore 641 018 2.The Coimbatore District Consumers Co-operative Wholesale Stores, rep. by its Secretary, Mettupalayam Road, Coimbatore 641 002 3.A.S.H.Shek Dawood 4.A.S.H.Moosa 5.K.V.Rangarajan 6.S.Pichumani 7.S.Marisamy 8.E.S.Shanmugha Sundaram 9.M.Chinnadurai 10.Ramachandran 11.S.N.Durai 12.E.M.Palanisamy 13.S.Subramanian 14.D.Kovilpichai 15.G.Ramamoorthy 16.Subbiah 17.S.Sivanandam 18.M.Arumugham 19.R.Kumarasamy 20.V.Rajagopalan 21.G.A.Subbulakshmi 22.The Special Officer, Educated Unemployed Youth, Cooperative Stores, Coimbatore ..Respondents 2/10

PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the orders of the learned Principal District Judge of Coimbatore, dated 31.01.2008 in CMA.No.130 of 1995 confirming the award passed by the Deputy Registrar of Co-operative Societies, Coimbatore dated 20.01.1995 in ARC.No.310/89-90 and to allow the above civil revision petition. For Petitioner : Mr.J.Hariharan for Mr.V.Nicholas For Respondents For R1 : Mr.C.Sathish, Government Advocate For R2 : Mr.P.Anbarasan R3 to 22 : Given up CRP.No.809 of 2009 1.Sivanandam(died) 2.S.Thirunavukarasu 3.Sandhiya Maheswari 4.Meenakshi (petitioners 2 to 4 brought on record as LR's of the deceased first appellant viz.Sivanandam vide court order dated 04.07.2018 made in MP.No.1 of 2011 in CRP.No.809 of 2009 ..Petitioners Vs.

1.The Deputy Registrar of Co-operative Societies, Collectorate Compound, Coimbatore 641 018 2.The Coimbatore District Consumers 3/10

Co-operative Wholesale Stores, rep. by its Secretary, Mettupalayam Road, Coimbatore 641 002 ..Respondents PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the orders of the learned Principal District Judge of Coimbatore, dated 31.01.2008 in CMA.No.132 of 1995 confirming the award passed by the Deputy Registrar of Co-operative Societies, Coimbatore dated 20.01.1995 in ARC.No.310/89-90 and to allow the above civil revision petition. For Petitioners : Mr.J.Hariharan for Mr.V.Nicholas For Respondents For R1 : Mr.C.Sathish, Government Advocate For R2 : Mr.P.Anbarasan CRP.No.810 of 2009 S.Subramaniam ..Petitioner Vs.

1.The Deputy Registrar of Co-operative Societies, Collectorate Compound, Coimbatore 641 018 2.The Coimbatore District Consumers Co-operative Wholesale Stores, rep. by its Secretary, Mettupalayam Road, Coimbatore 641 002 ..Respondents 4/10

PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the orders of the learned Principal District Judge of Coimbatore, dated 31.01.2008 in CMA.No.135 of 1995 confirming the award passed by the Deputy Registrar of Co-operative Societies, Coimbatore dated 20.01.1995 in ARC.No.310/89-90 and to allow the above civil revision petition. For Petitioner : Mr.J.Hariharan for Mr.V.Nicholas For Respondents For R1 : Mr.C.Sathish, Government Advocate For R2 : Mr.P.Anbarasan CRP.No.811 of 2009 V.Rajagopalan ..Petitioner Vs.

1.The Coimbatore District Consumers Co-operative Wholesale Stores, rep. by its Secretary, Mettupalayam Road, Coimbatore 641 002 2.The Deputy Registrar of Co-operative Societies, Collectorate Compound, Coimbatore 641 018 3.A.S.H.Shek Dawood 4.A.S.H.Moosa 5.K.V.Rangarajan 6.S.Pichumani 5/10

7.S.Marisamy 8.Rajaraman 9.E.S.Shanmugha Sundaram 10.M.Chinnadurai 11.Ramachandran 12.E.M.Palanisamy 13.S.N.Durai 14.S.Subramanian 15.D.Kovilpichai 16.G.Ramamoorthy 17.Subbiah 18.S.Sivanandam 19.M.Arumugham 20.R.Kumarasamy 21.G.A.Subbulakshmi 22.The Special Officer, The Educated Unemployed Youth, Cooperative Stores, Coimbatore (R3 to 22 who are the respondents 2 to 21 in the appeal before the District Court and the co-defendants 1 to 18, 20 and 21 in the award proceedings against whom also award has been passed and therefore, they are not necessary parties in the present CRP.

Notice is not necessary to them) ..Respondents PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the orders of the learned Principal District Judge of Coimbatore, dated 31.01.2008 in CMA.No.172 of 1995 confirming the award passed by the Deputy Registrar of Co-operative Societies, Coimbatore dated 20.01.1995 in ARC.No.310/89-90 and to allow the above civil revision petition. For Petitioner : Mr.J.Hariharan for Mr.V.Nicholas 6/10

For Respondents For R1 : Mr.C.Sathish, Government Advocate For R2 : Mr.P.Anbarasan R3 to 22 : Given up COMMON ORDER These civil revision petition are arising out of the order dated 31.01.2008 passed by the Principal District Judge, Coimbatore in CMA.Nos.131, 120, 132, 135 & 172 of 1995.

2.

It is seen that the petitioners and other persons suffered an arbitration award in ARC.No.310/1989-90 dated 20.01.1995 under Section 90 of the Tamil Nadu Cooperative Societies Act, 1983, against which statutory appeals were filed, which were also dismissed. However, against the said orders, civil revision petitions were filed before this Court by some of the persons and this Court allowed the same and set aside the award passed in ARC.No.310/98-90 dated 20.01.1995 in respect of the petitioners therein. 3.

Now the petitioners also have come forward with these civil revision petitions against the same arbitration award. Therefore, 7/10

the petitioners are also entitled for the same relief granted by this Court in CRP.NPD.Nos.3210, 3590 and 3591 of 2008 dated 18.06.2010.

4. As such, in view of the order passed in CRP.NPD.Nos.3210, 3590 and 3591 of 2008 dated 18.06.2010, all the civil revision petitions are also allowed and the award dated 20.01.1995 passed in ARC.No.310/1989-90 as confirmed by the Special Tribunal for Cooperative cases (Principal District Judge, Coimbatore) in Cooperative Civil Miscellaneous Appeal in CMA.Nos.131, 120, 132, 135 & 172 of 1995 dated 31.01.2008 is set aside only insofar as the petitioners herein are concerned. No order as to costs. 13.02.2023 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok 8/10

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G.K.ILANTHIRAIYAN,J.

lok To 1.The Principal District Judge, Coimbatore 2.The Deputy Registrar of Co-operative Societies, Coimbatore 3.Secretary, The Coimbatore District Consumers Co-operative Wholesale Stores, Mettupalayam Road, Coimbatore 641 002 4.The Public Prosecutor, High Court of Madras 10/10

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