G.Jambulingam v. The Joint Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH G.Jambulingam

...Petitioner

Vs The Joint Registrar of Cooperative Societies Thiruvannamalai Region Thiruvannamalai

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned return letter/ order passed by the respondent letter in Na.Ka.5939/2023 Sa.Pa dated 17.08.2023 under Section 154 of Tamil Nadu Cooperative Society Act, 1983 and quash the same and consequently remand back to the respondent to entertain the statutory review and dispose the same on merits and in accordance with law. For Petitioner : Mr.M.Thirumoorthy For Respondent : Mr.P.Ganesan Government Advocate 1/4

ORDER

As against the order dated 29.01.2016 under Section 153 of the Tamil Nadu Cooperative Societies Act, 1983, the petitioner claims to have preferred a review under Section 154 of the Act before the respondent herein, which came to be rejected on the ground of limitation through the impugned order dated 17.08.2023.

2. The learned counsel for the petitioner submitted that at the time of filing of the writ petition, the fact that writ petitioner had already challenged the order dated 29.01.2016 before this Court in W.P.No.1335 of 2021 was not known to him. However, learned counsel has produced today the order dated 29.03.2021 passed in W.P.No.1335 of 2021 which is an order dismissing the writ petition on merits.

3. When challenge to the order passed in revision petition has already been rejected by this Court, seeking for review of the order passed in revision petition may not be permissible. Even otherwise, the reviewing authority may not be empowered to review the order in the revision petition in view of the order passed by this Court in W.P.No.1335 2/4

of 2021. It is needless to point out that if the petitioner is aggrieved, he can challenge the order passed in W.P.No.1335 of 2021 by way of an intra-court appeal.

With the above observation, this writ petition is dismissed. No costs.

07.11.2023 Index:Yes/No Speaking order/Non-speaking order gpa To The Joint Registrar of Cooperative Societies Thiruvannamalai Region Thiruvannamalai 3/4

M.S.RAMESH,J.

gpa 07.11.2023 4/4