Madras High CourtWP/31358/2022allowed

M.R.Murugaswamy v. The Joint Registrar Of Cooperative Societies/Arbitrator,

2023-09-01Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M.R.Murugaswamy ... Petitioner

Versus

1. The Joint Registrar of Cooperative Societies/Arbitrator Coimbatore Region, Coimbatore Coimbatore District 2.The Deputy Registrar of Cooperative Societies Coimbatore Region, Coimbatore Coimbatore District 3.The President K.2023, Mugasisemsampatti Primary Agricultural Cooperative Credit Society Mugasisemsampatti Periyaputhur Post - 641 697 Pogalur via, Annur Taluk Coimbatore District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Si.Ma.4056/2022/Vae.2 dated 10.10.2022 and quash the same and consequently direct the 1st respondent to entertain the review Petition dated 05.07.2022 and 1/4

dispose the same in merits.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.P.Baladhandayutham for R1 & R2 Special Government Pleader No appearance for R3

ORDER

This writ petition has been filed challenging the order of review on the ground of delay.

2. It is the contention of the learned counsel for the writ petitioner that there is a delay in filing the review as against the dismissal of the Revision Order passed under Section 153. The petitioner has been terminated from service in departmental proceedings on 18.01.2019. Challenging the same, he has filed a revision under Section 153 and the same has been dismissed. Further, he filed a review with a delay of 27 days. When the review application has been dismissed on the ground of delay invoking Rule 170(1) of the Tamil Nadu Cooperative Societies Rules, 1988. No doubt review shall be filed within a period of 90 days from the date of receipt by applicant for review of the order to which the application relates.

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3. It is relevant to note that the revision order has been passed on 10.03.2021 during pandemic and the Hon'ble Apex Court has extended the period of limitation from 15.03.2020 up to 28.02.2022 and the said period is excluded. Therefore, this Court is of the view that the review application filed by the petitioner ought to have been considered.

4. Such view of the matter, the impugned order is set aside and the respondent is directed to consider the review on its own merits and pass appropriate orders.

5. Accordingly, this writ petition stands allowed. No costs. 01.09.2023 dhk Internet: Yes/No Index : Yes/No : Yes/No N. SATHISH KUMAR, J.

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