Madras High CourtWP(MD)/9485/2016disposed of

R.Ramakrishnan v. The Joint Registrar Of

2016-05-25Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9485 of 2016 and W.M.P(MD)No.7546 of 2016 R.Ramakrishnan : Petitioner Vs.

1.The Joint Registrar of Cooperative Societies, Theni Region, Theni.

2.The Deputy Registrar of Cooperative Societies, Periyakulam, Theni District.

3.MD Spl.50, Silvarpatti Primary Agriculture and Credit Cooperative Society, rep. By its Secretary, Silvarpatti, Periyakulam Taluk, Theni District.

: Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 1st respondent in AthiMu. 1865/2016 Sapa dated 09.05.2016 quash the same and directing the 1st respondent to take up the petitioner's revision petition dated 30.04.2016 on file and decide the same on merits within the stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Subramanian For Respondents : Mr. N.S.Karthikeyan Addl. Govt. Pleader

O R D E R

This writ petition has been filed to challenge the impugned order of the first respondent dated 09.05.2016, wherein the first respondent has rejected the revision filed by the petitioner, and for further direction to the first respondent to take up the petitioner's Revision Petition dated 30.04.2016 on file and decide the same on merits within the stipulated time.

2. A perusal of the impugned order would show that instead of returning the papers for compliance, the first respondent straightaway rejected the revision stating three reasons, namely, https://hcservices.ecourts.gov.in/hcservices/

limitation, original order has not been enclosed and necessary fee has not been paid.

3. The learned counsel for the petitioner submitted that filing of the revision is well within the time limit and the original order has not served on the petitioner and the Xerox copy alone has been served and the same has been enclosed along with the revision and he prays sufficient time for payment of necessary fee.

4. Considering the facts and circumstances of the case and considering the fact that instead of returning the papers for compliance, straightaway the first respondent has rejected the revision, the impugned order is set aside and the matter is remitted back to the first respondent. The petitioner is directed to comply with the conditions and represent the papers within a period of two weeks from the date of receipt of a copy of this order. On such filing of the revision, the first respondent shall consider the same and pass necessary orders on merits and in accordance with law.

5. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To 1.The Joint Registrar of Cooperative Societies, Theni Region, Theni.

2.The Deputy Registrar of Cooperative Societies, Periyakulam, Theni District.

3.MD Spl.50, Silvarpatti Primary Agriculture and Credit Cooperative Society, rep. By its Secretary, Silvarpatti, Periyakulam Taluk, Theni District.

+1cc to Mr.R.Subramanian, Advocate SR.No.26942 sm:DB:SAR II:02.06.2016:2P/5C W.P(MD)No.9485 of 2016 25.05.2016 https://hcservices.ecourts.gov.in/hcservices/