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Madras High CourtWP/9358/2021disposed of

A.Pavithra v. The Joint Registrar Of Co-Operative Societies

2021-04-16Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2021

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ WP.NO.9358 OF 2021 A.Pavithra .. Petitioner

Versus

1. The Joint Registrar of Co-operative Societies Tiruvannamalai Zone Tiruvannamalai.

2. The Deputy Registrar of Co-operative Societies Tiruvannamalai.

3. The Management HH515, Pillur Primary Agriculture Co-operative Credit Society Pillur, Tiruvannamalai District.

.. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the concerned records from the 1st respondent, quash the order of the 1st respondent dated 27.02.2021 bearing Na.Ka.687/2021 Sa.ba and consequently direct the 1st respondent to entertain the Revision Petition dated 10.02.2021 preferred by the petitioner preferred under Section 153 of the Tamil Nadu Cooperative Societies Act and pass orders on the same on its merits and in accordance with law.

For Petitioner :

Mr.Balan Haridas For Respondents:

Mr.L.P.Shanmugasundaram Special Government Pleader

O R D E R

Mr.L.P.Shanmugasundaram, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

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2.The petitioner has applied for appointment on compassionate basis to the place of her father, who was medically invalidated on and from 04.01.2017. Her request was rejected by the second respondent. Against which, she preferred a Revision Petition under Section 153 of the Tamil Nadu Cooperative Societies Act, 1983, to the first respondent. However, without issuing any notice and without affording an opportunity of personal hearing, the said Revision Petition came to be rejected by the first respondent on 27.02.2021. Aggrieved over the same, the petitioner is before this Court. 3.Heard the submissions made by the learned counsel for the petitioner.

4.Considering the facts and circumstances of the case and also the fact that the Revision Petition has been rejected by the first respondent without issuing any notice and without hearing the petitioner, the impugned order dated 27.02.2021 passed by the first respondent is set aside and the matter is remitted back to the first respondent for fresh consideration. The first respondent is directed to afford an opportunity of personal hearing to the petitioner and pass orders, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

5.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar TK To 1.

The Joint Registrar of Co-operative Societies Tiruvannamalai Zone, Tiruvannamalai.

2.

The Deputy Registrar of Co-operative Societies Tiruvannamalai.

+1cc to the Special Government Pleader (Co-Op), S.R.No.23356 WP.NO.9358 OF 2021 PL(CO) CS/29/06/2021 https://hcservices.ecourts.gov.in/hcservices/