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Madras High CourtWP(MD)/11077/2015disposed of

Saravanavel Murugaiah, v. The Joint Registrar Of

2015-07-02Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.07.2015

CORAM

THE HONOURABLE MR.JUSTICE.R.MAHADEVAN W.P(MD).No.11077 of 2015 Saravanavel Murugaiah ...

Petitioner Vs The Joint Registrar of Cooperative Society, Thoothukudi Region, Thoothukudi.

... Respondent This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the respondent in Na.Ka.280/15SaO, dated 11.06.2015 and quash the same as illegal and consequently direct the respondent to entertain the condone delay application filed along with revision application and decide the same on merits in accordance with law. For petitioner : Mr.B.Jeyakumar For respondent : Mr.D.Muruganandam, AGP *******

ORDER

The petitioner has come forward with this Writ Petition, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the respondent in Na.Ka.280/15SaO, dated 11.06.2015 and quash the same as illegal and consequently direct the respondent to entertain the condone delay application filed along with revision application and decide the same on merits in accordance with law.

2. Mr.D.Muruganandam, the learned Additional Government Pleader takes notice for the respondent.

3. By consent, this Writ Petition itself is taken up for final disposal.

4. Since there is no provision for the Joint Registrar of Cooperative Society, to condone the delay under Section 153(1) of the Co-operative Societies Act, the application for condonation of delay got rejected by the authority. This Court, considering the facts and circumstances of the case, now condones the delay. The https://hcservices.ecourts.gov.in/hcservices/

petitioner is permitted to represent the revision to the authority concerned, within a period of six weeks from the date of receipt of a copy of this order and on receipt of the same, the respondent is directed to entertain the revision and pass appropriate orders, on merits and in accordance with law, after giving due opportunity to the petitioner as well as after giving notice to the interested parties, if any, within a period of eight weeks from the date of receipt of the revision to be filed by the petitioner.

5. With the above direction, this Writ Petition stands disposed of. No costs.

sd/- Assistant Registrar ((RTI) /True Copy/ Sub Assistant Registrar mpk To The Joint Registrar of Cooperative Society, Thoothukudi Region, Thoothukudi.

+1CC to SPL.Government Pleader SR.No.35702 +1CC to Mr.B.Jeyakumar Advocate SR.No.36409 W.P(MD).No.11077 of 2015 Dated: 02.07.2015 GJM -27.07.2015 2P/4C https://hcservices.ecourts.gov.in/hcservices/