Nallathur Primary Agricultural v. A.Velvizhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.M.P.No.19855 of 2022 in Rev.Aplw.Sr.No.78086 of 2022 in W.P.No.23526 of 2021 W.M.P.No.19855 of 2022:- Nallathur Primary Agricultural Co-operative Bank Ltd, Rep by its President, C.L.Spl.88, Nallathur Post, Tindivanam Taluk, Villupuram District.

... Petitioner Vs 1.A.Velvizhi 2.The Registrar of Co-operative Societies, 3.The Zonal Joint Registrar of Co-operative Societies, 1/6

4.The Deputy Registrar of Co-operative Societies, ... Respondents Prayer: Miscellaneous Petition filed under Section 5 of the Limitation Act, 1963, to condone the delay of 143 days in filing the Review Petition against the order dated 29.10.2021 passed by this Court in W.P.No.23526 of 2021.

For Petitioner : M/s.Paul and Paul For Respondents : Mr.P.Nethaji for R1 Mr.Sanjeev Kumar Special Government Pleader for R2 to R4 Rev.Aplw.Sr.No.78086 of 2022:- Nallathur Primary Agricultural Co-operative Bank Ltd, Rep by its President, C.L.Spl.88, Nallathur Post, Tindivanam Taluk, Villupuram District.

... Petitioner Vs 1.A.Velvizhi 2.The Registrar of Co-operative Societies, 2/6

3.The Zonal Joint Registrar of Co-operative Societies, 4.The Deputy Registrar of Co-operative Societies, ... Respondents Prayer: Review Application filed under Order 47 Rule I read with Section 114 of CPC, to review the order dated 29.10.2021 passed in W.P.No.23526 of 2021.

For Petitioner : M/s.Paul and Paul For Respondents : Mr.P.Nethaji for R1 Mr.Sanjeev Kumar Special Government Pleader for R2 to R4

ORDER

This writ miscellaneous petition has been filed to condone the delay on the ground that the order passed by this Court on 29.10.2021 suffers from the error apparent on the face of the record. 3/6

2.It is the case of the Review Petitioner/the fourth respondent that it had rejected the request of the first respondent/petitioner by an order dated 17.10.2002, after order came to be passed by this Court in the earlier round of litigation in W.P.No.31492 of 2002 on 31.07.2002 which was not brought to the attention of the Court, when W.P.No.23526 of 2021 was disposed on 29.10.2021.

3.Order impugned dated 01.06.2021 in W.P.No.23526 of 2021 does not however allude to rejection of the request of the petitioner vide order/communication dated 17.10.2002, pursuant to the direction of this Court, on 31.07.2022 in W.P.No.31492 of 2002. As there is no reference to the aforesaid letter/communication dated 17.10.2002 in the impugned order/communication dated 01.06.2021, there is no merits in the application for condoning the delay. No proper reasons have been given in the impugned order. Therefore, I do not find any merits to condone the delay in filing this writ miscellaneous petition to review the order. 4/6

4.Accordingly, this Writ Miscellaneous Petition is dismissed. Consequently, the Review Application is rejected at SR stage itself. 03.11.2022 Index : Yes/No Speaking/Non-Speaking Order jas To 1.The Registrar of Co-operative Societies, 2.The Zonal Joint Registrar of Co-operative Societies, 3.The Deputy Registrar of Co-operative Societies, 5/6

C.SARAVANAN, J.

jas W.M.P.No.19855 of 2022 in REv.Aplw.Sr.No.78086 of 2022 in W.P.No.23526 of 2021 03.11.2022 6/6