C.Anbazhagan v. The Deputy Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :06.06.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P No. 43 of 2022 and C.M.P.No.293 of 2022 C. Anbazhagan ... Petitioner vs1. The Deputy Registrar, Co-Operative Societies, Tirukovilur
2. The President, Kalamaram Primary Agricultural Co-Operative Loan Society Ltd., Kalumaram Post, Thirukovilur, Villupuram.
(R2 is impleaded as party respondent vide Court order dated 25.06.2024 made in C.M.P.No.11765 of 2024 in C.R.P.No.43 of 2022) ...Respondents Prayer: Civil Revision Petition filed under Section 115 of C.P.C praying to set aside the Judgement and Decretal order dated 15.02.2021 passed in Co-Operative C.M.A. No.9/2019 on the file of the Hon'ble Principal District Judge at Villupuram, by confirming the order of the Respondent herein dated 10.12.2018 in Na.Ka.No. 5083/2017 and allow this Civil Revision Petition by setting aside the order of the respondent dated 10.12.2018 in Na.Ka.No. 5083/2017 insofar as the petitioner is concerned.
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For Petitioner : Ms. Kavitha Nithyanandan For Respondents 1&2 : Mr. D Gopal Government Advocate(CS)
ORDER
This Civil Revision Petition is filed challenging the order dated 15.02.2021 made in C.M.A.No.9 of 2019 on the file of the Principal District Judge at Villupuram.
2. Without traversing into the merits of the civil revision petition at the outset, it is seen that the petitioner has not been given an adequate opportunity to cross examine the official witnesses. Despite this being raised as a ground before the Principal District Judge, Villupuram which was also referred to in paragraph No.8(1) of the order dated 15.02.2021, the same was not taken into consideration. This fact is also admitted by the learned Government Advocate appearing on behalf of the respondents.
3. Therefore, this Civil Revision Petition is allowed and the matter is remitted back to the 1st respondent for fresh consideration. The 2/4
1st respondent shall give an opportunity to the petitioner to cross examine the officials concerned who have adduced evidence and thereafter, he shall pass orders. The said exercise shall be completed within a period of 4 months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
06.06.2025 Index: Yes/No Speaking order/non-speaking order srn To,
1. The Deputy Registrar, Co-Operative Societies, Tirukovilur
2. The President, Kalamaram Primary Agricultural Co-Operative Loan Society Ltd., Kalumaram Post, Thirukovilur, Villupuram.
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P.T.ASHA, J., srn C.R.P No. 43 of 2022 and C.M.P.No.293 of 2022 06.06.2025 4/4