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Madras High CourtCRP(MD)/1767/2022closed

Elamaran, v. The Deputy Registrar Of Coop Societies,

2024-08-20Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and CMP(MD)Nos.8121, 8122 of 2022 1.Elamaran 2.Poovalingam 3.Aravarasan 4.Mohanasundari 5.Karuppaiah 6.Ameer Hamsa : Petitioners in CRP(MD)1767/2022 P.Shanmugam : Petitioner in CRP(MD)1768/2022 Vs.

The Deputy Registrar of Co-op Societies, Paramakudi Circle, Paramakudi Post and Taluk, Ramanathapuram District.

: Respondent in both CRPs 1/5

COMMON PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India as against the judgment and decree dated 27.06.2012 passed by the Principal District Court, Ramanathapuram, in CMA(CS)Nos. 5, 4 of 2007, respectively, confirming the surcharge order dated 09.06.2003 passed by the Deputy Registrar of Co-op Societies, Paramakudi, in SC.Nos. 5/2002-2003, 4/2002-2003, respectively.

For Petitioners : Mr.R.Saravanan For Respondent : Mr.A.Baskaran, Additional Government Pleader [In both CRPs] ***** COMMON ORDER These civil revision petitions are filed as against the orders passed by the Co-operative Tribunal / Principal District Court, Ramanathapuram, in CMA(CS)Nos.5 & 4 of 2007, respectively, dated 27.06.2012, confirming the surcharge order passed by the Deputy Registrar of Co-operative Societies, Paramakudi, in SC.Nos.5 & 4/2002-2003, dated 09.06.2003. 2/5

2.The petitioners are the President, Secretary and Board of Directors of Paramakudi Co-operative Urban Bank, Paramakudi. They were found liable for a loss caused to the Society to the tune of Rs.61,264/- in purchase of certain computers and accordingly, the surcharge orders were passed. The appeals preferred by them as against the same were dismissed by the Tribunal and challenging the same, the petitioners have filed writ petitions before this Court in WP(MD)Nos.6304, 6305 of 2013. In view of the orders passed by the First Bench of this Court in E.S.Sundara Mahalingam v. Special Tribunal for Co-operative Cases (District Judge) & Others [W.A.No.4021 of 2019, decided on 22.11.2019], this Court directed the Registry to convert the writ petitions into civil revision petitions under Article 227 of the Constitution of India. Accordingly, the writ petitions filed by the petitioners were converted as civil revision petitions and listed before this Court for hearing.

3.When these civil revision petitions are taken up for hearing today, learned Additional Government Pleader, based on the instructions provided by the Officer who is present before this Court / an Assistant 3/5

attached to the Office of the first respondent, submitted that the petitioners have paid the surcharge amount, as directed in SC.Nos.5 & 4/2002-2003, dated 09.06.2003 and as such, nothing survives for further adjudication in these revision petitions.

4.Considering this submission of the learned Additional Government Pleader that the surcharge amount was admitted by the petitioners and that they have also paid the same, these revision petitions are closed, as no further order is required to be passed. No costs. Consequently, connected miscellaneous petitions are closed.

Internet : Yes 20.08.2024 Index : Yes / No NCC : Yes / No gk To 1.The Principal District Judge, Ramanathapuram.

2.The Deputy Registrar of Co-op Societies, Paramakudi Circle, Paramakudi Post and Taluk, Ramanathapuram District.

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B.PUGALENDHI, J.

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