No.Mm 382, Kallai Primary v. O.Perumal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2022

CORAM

THE HON'BLE MR JUSTICE M.S. RAMESH AND THE HON'BLE MR JUSTICE N. ANAND VENKATESH 1.No.MM 382, Kallai Primary Agricultural Co-operative Bank Ltd., Rep. by its Special Officer, Kallai Post, Kulithalai Taluk, Karur District.

2.The Joint Registrar of Co-operative Societies, Chairman, Common Cadre Authority, Karur Region, Collectorate, Thanthonimalai, Karur - 639 005.

... Petitioners / Appellants /Vs./ G.Perumal ... Respondent / Respondent PRAYER:

Petition filed under Order 47 Rules 1 and 2, Section 114 r/w 151 of the Civil Procedure Code, to review the order dated 20.04.2007 made by this Court in WA(MD)No.151 of 2007.

For Petitioners : Mr.N.Dilip Kumar For Respondent : No appearance

ORDER

(Order of the Court was made by N. ANAND VENKATESH, J.) This Review Application has been filed by the Cooperative Bank to review the order dated 20.04.2007 passed in WA(MD)No.151 of 2007.

2. When the Writ Appeal was taken up for hearing, there was no representation on the side of the Co-operative Bank and based on the records available on record, the Writ Appeal was disposed of on 20.04.2007.

3. It is brought to our notice that the subject matter of challenge in the writ petition was the suspension order dated 02.08.2005. Based on the liberty granted in the writ petition, subsequent suspension order came to be issued against the delinquent on 05.10.2006 and this became the subject matter of challenge before this Court in WP(MD)No.9746 of 2006 and the writ petition came to be dismissed on 13.07.2007.

4. In view of this development, the learned counsel appearing for the petitioner submitted that nothing survives in the Writ Appeal, which was not brought to the notice of this Court, at the time when the Writ Appeal was disposed of.

5. In the considered of this Court, in view of the subsequent suspension order issued against the delinquent, nothing survives when the Writ Appeal was taken up on 20.04.2007.

6. Recording the subsequent development, the order dated 20.04.2007 passed in WA(MD)No.151 of 2007 is recalled on the ground that nothing survives in the Writ Appeal, due to the subsequent development and accordingly, this Review Application is allowed. No costs. (M.S.R.,J.) (N.A.V.,J.) 10.11.2022 Index : Yes/No Internet : Yes Sm

M.S. RAMESH, J.

and N. ANAND VENKATESH, J.

Sm Order made in REV.APLC.(MD)No.65 of 2008 Dated 10.11.2022