P.Ilanchezian v. The Joint Registrar Of Cooperative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2022

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Review Application (Writ) No.22 of 2022 P.Ilanchezhian Petitioner vs.

1.The Joint Registrar of Cooperative Societies, Villupuram Region, Villupuram, 2.The Deputy Registrar of Cooperative Societies, Tindivanam Circle, Tindivanam, 3.The President, CL. SPL.66, Vadapalai Primary Agricultural Cooperative Credit Society Ltd., Vadapalai Village & Post - 604 204.

Melmalaiyanur Taluk, Respondents PRAYER : Petition filed under Order XLVII, Rule 1 r/w Section 114 C.P.C., to review the orders passed by this Court in W.P.No.90 of 2021 dated 19.02.2021.

For Petitioner : Mr.C.Prakasam For Respondent : Mr.A.Selvendran Special Government Pleader for R1 & R2 Mr.M.Murali Government Advocate for R3

ORDER

This review petition has been filed to review the order passed by this Court in W.P.No.96 of 2021, dated 19.02.2021. 2.Heard Mr.C.Prakasam, learned counsel appearing on behalf of the petitioner, Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the 1st and 2nd respondents and Mr.M.Murali, learned Government Advocate appearing on behalf of the 3rd respondent. 3.The review petitioner filed the writ petition challenging the order passed by the 3rd respondent reducing the pay scale which according to him was fixed under Section 12(3) Settlement. 4.

The learned counsel for the petitioner submitted that the ground raised by the petitioner in the above writ petition must be independently considered and instead, this writ petition was also tagged along with a batch of writ petitions and hence, the petitioner did not get an opportunity to agitate his grievance independently on the peculiar facts of his case. 5.In the considered view of this Court, the order passed in the batch of writ petitions in W.P.Nos.21440 of 2015 etc., dated 19.02.2021, may not strictly apply to the facts of the present case. The writ petition filed by the review petitioner ought to be considered independently.

same, the order passed in W.P.No.96 of 2021 by including the same in the batch, has to be recalled and this writ petition must be independently considered on its own merits. To that extent, the order passed in the writ petition stands reviewed.

6.In the light of the above, this review petition is allowed and W.P.No.96 of 2021 is revived back on file and directed to be posted for final hearing before the concerned portfolio Judge and the same can be agitated on its own merits and based on the grounds raised in the writ petition.

08.07.2022 (2/2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr To 1.The Joint Registrar of Cooperative Societies, Villupuram Region, Villupuram, 2.The Deputy Registrar of Cooperative Societies, Tindivanam Circle, Tindivanam, N. ANAND VENKATESH, J.

ssr 3.The President, CL. SPL.66, Vadapalai Primary Agricultural Cooperative Credit Society Ltd., Vadapalai Village & Post - 604 204.

Melmalaiyanur Taluk, Review Application (Writ) No.22 of 2022 08.07.2022 (2/2)