Madras High CourtCRL OP(MD)/77/2019partly allowed

Ramasamy v. The Inspector Of Police

2019-02-07Honourable Mr Justice M.Dhandapani2 pages

Rev.Aplw.(MD).No.77 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Rev.Aplw.(MD).No.77 of 2019 and WMP (MD) No.15463 of 2019 N.N.628 Nattarasankottai Primary Agricultural Co-operative Credit Society, Nattarasankottai rep.by its Secretary .. Review Petitioner/ Petitioner Vs.

1. The Joint Registrar/Revision Officer, of Co-operative Societies, Sivagangai District.

2. L.Sankaralingam .. Respondents/Respondents PRAYER: This Petition is filed under Order 47 Rules 1 and 2 r/w Section 114 of the Civil Procedure Code to review the order dated 18.03.2019 passed by the Madurai Bench of this Court in WP.(MD) No.12844 of 2018.

Prayer in WP(MD)No.12844/2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records of the impugned order passed by the 1st Respondent dated 23.05.2018 bearing Na.Ka.1407/2018 sapa and quash the same.

For Petitioner : Mr.R.Saravanan For Respondents : Mrs.Srimathy, SGP

O R D E R

This petition is filed by the writ petitioner seeking to review the order dated 18.03.2019 passed by this Court in WP (MD) No.12844 of 2018.

2.According to the petitioner, the revision petition preferred by the second respondent herein dated 27.12.2018 under Section 153 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Rev.Aplw.(MD).No.77 of 2019 of the Co-operative Societies Act, had already been rejected on 08.03.2019. Suppressing the said fact, the second respondent has obtained the order dated 18.03.2019 in WP(MD)No.12844 of 2018, under the guise of which, he is now, trying to reopen the said revision petition. Hence, the petitioner has come forward with this review petition.

3.Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the first respondent and perused the materials available on record.

4.This Court, by order dated 18.03.2019, which is sought to be reviewed herein, directed the revision petition dated 27.12.2018 filed by the second respondent challenging the order of dismissing him from service dated 11.04.2018, to be decided on merits, after hearing all the parties, within a period of eight weeks from the date of receipt of a copy of that order. If the said revision petition was already disposed of, the question of re-opening the same and deciding it once again by the first respondent, does not arise. As such, the order dated 18.03.2019, passed by this Court was intact and no ground is made out by the petitioner, warranting interference.

5.Hence, this review application stands dismissed, leaving it open to the petitioner to challenge the proceedings initiated by the first respondent without any authority, in the manner known to law, if so advised. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To The Joint Registrar/Revision Officer, of Co-operative Societies, Sivagangai District.

+ 1 CC TO Mr.R.SARAVANAN, ADVOCATE IN SR No. 2975 RK TE : 18/02/2020 : 2P/3C Rev.Aplw.(MD).No.77 of 2019 24.01.2020 https://hcservices.ecourts.gov.in/hcservices/ 2/2