A.S.Chinnashami v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHN??

Rev.Aplc. (MD) No.48 of 2025 against W.A. (MD) No.1258 of 2016 A.S.Chinnashami .. Applicant Vs.

1. The Registrar Co-operative Societies N.V.N.Natarajan Maaligai Kilpauk, Chennai - 10.

2. The Regional Joint Registrar Office of the Regional Joint Registrar of Co-op Societies Madurai Region, Madurai.

3. The Deputy Registrar Co-operative Societies Usilampatti Circle, at present Thirumangalam Madurai District.

4. The President M.D.Special 121, Pasukkaranpatti Primary Agricultural Co-operative Bank Ltd.

Boothipuram Post, Usilampatti Taluk Madurai District - 625 532 .. Respondents Prayer: Petition filed under Order XLI Rule 1 and 2 of Code of Civil Procedure r/w Section 114 of Code of Civil Procedure, against the order dated 18.04.2023 1/6

passed in W.A. (MD) No.11480 of 2016.

For the Applicant : Mr.V.R. Venkatesan For the Respondents : Mr.J.Ashok Additional Government Pleader for R1 to R3 Mr.R.R.Kannan for R4

ORDER

(Order of the Court was authored by R.SURESH KUMAR, J.) This review application has been filed against the order passed by the Division Bench dated W.A.(MD)No.11480 of 2016. 18.04.2023 passed in W.A. (MD) No.11480 of 2016.

2. In fact, the said writ appeal was filed by the Management, that is the Pasukkarapatti Primary Agricultural Co-operative Bank Limited, aggrieved over the order passed by the Writ Court dated 03.08.2016 made in W.P.(MD) No. 11480 of 2016. Before the Writ Court, the plea raised by the writ petitioner was to pay the subsistence allowance and the same was accepted by the learned Single Judge and the order was passed, directing to pay subsistence allowance in three installments to the total extent of Rs.4,55,400/-. 2/6

3. Aggrieved over the said directions given by the Writ Court, W.A.(MD)No. 1258 of 2016 was filed. That was considered and decided by our order dated 18.04.2023, which is sought to be reviewed herein.

4. However, Mr.V.R. Venkatesan, learned counsel appearing for the review applicant would submit that insofar as the order which is sought to be reviewed is concerned, the same is not an erroneous one, however, in the main writ petition, one part of the issue alone was decided and the other part of the issue, with regard to some more service benefits, has not been decided as that has not been raised or not considered in proper perspective by the learned Writ Court.

5. The writ petition was filed and was decided, against which no appeal has been filed by the present applicant and only the employer filed the writ appeal. As against the order passed in the writ appeal, if there is no grievance for the review applicant, the review itself ought not to have been filed. Nevertheless, it has been filed by the learned counsel appearing for the review applicant, who would submit that some of the issues have not been properly considered by the Writ Court in the writ petition.

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6. If at all there had been any other grievance, it is for the review applicant to adjudicate the matter in the manner known to law. For such purpose, the present review application cannot be filed. Therefore, invocation of review jurisdiction of this Court in the present case itself is unwarranted.

7. Therefore, we thought of dismissing this review application with costs, however, the learned counsel for the applicant made a request. Considering the same, this review application is dismissed without any order as to costs. (R.S.K., J.) (K.K.R.K., J) 02.04.2025 drm 4/6

To:

1. The Registrar Co-operative Societies N.V.N.Natarajan Maaligai Kilpauk, Chennai - 10.

2. The Regional Joint Registrar Office of the Regional Joint Registrar of Co-op Societies Madurai Region, Madurai.

3. The Deputy Registrar Co-operative Societies Usilampatti Circle, at present Thirumangalam Madurai District.

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R.SURESH KUMAR, J.

K.K.RAMAKRISHNAN, J.

(drm) 02.04.2025 6/6