Madras High CourtREV.APLW(MD)/112/2023allowed

M.Sundarakaleeswari v. The Deputy Registrar Of Co-Operative Societies

2024-08-28Honourable Mr Justice G.R.Swaminathan4 pages

1 REV.APLW.(MD)No.112 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN REV.APLW.(MD)No.112 of 2023 in W.P.(MD)No.8442 of 2020 & W.M.P.(MD)No.12536 of 2023 M.Sundarakaleeswari ... Petitioner/Petitioner Vs.

The Deputy Registrar of Co-operative Societies, K.T.M.Complex, Salai Street, Ramanathapuram.

... Respondent/Respondent PRAYER : Review Petition filed under Order 47 Rule 1 r/w. Section 114 of CPC., to review the order passed by this Court in W.P. (MD)No.8442 of 2020 dated 25.04.2023.

For Review applicant: Mr.B.Saravanan, Senior counsel, for Mr.D.Kirubakaran.

For Respondent : Mr.K.Balasubramani, Special Government Pleader.

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2 REV.APLW.(MD)No.112 of 2023

JUDGMENT

Heard the learned Senior counsel appearing for the review applicant and the learned Special Government Pleader appearing for the respondent.

2. This review applicant filed W.P.(MD)No.8442 of 2020 questioning the notice issued under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983. The said writ petition was dismissed as infructuous in view of passing of the surcharge order.

3. It is seen that W.P.(MD)No.9761 of 2020 questioning the surcharge order was also disposed of by relegating the applicant to move the Tribunal by filing an appeal.

4. Today I have allowed Rev.Aplw(MD)No.107 of 2023 filed against the order dated 25.04.2023 made in W.P.(MD)No.9761 of 2020. As a result, the order disposing W.P.(MD)No.8442 of 2020 has become unsustainable. In this view of the matter, the order dated 25.04.2023

3 REV.APLW.(MD)No.112 of 2023 disposing W.P.(MD)No.8442 of 2020 is set aside. W.P.(MD)No.8442 of 2020 is restored to file. Registry is directed to place papers in W.P. (MD)No.8442 of 2020 before the Hon'ble Judge holding the roster. This review application is allowed accordingly.

5. Since the review applicant originally enjoyed interim order, W.P. (MD)No.8442 of 2020 is restored along with the interim order. 28.08.2024 Index : yes/No Internet:Yes/No PMU To The Deputy Registrar of Co-operative Societies, K.T.M.Complex, Salai Street, Ramanathapuram.

4 REV.APLW.(MD)No.112 of 2023 G.R.SWAMINATHAN,J.

PMU REV.APLW.(MD)No.112 of 2023 in W.P.(MD)No.8442 of 2020 28.08.2024