R.Kalaiyarasan, v. The Deputy Registrar Of Cooperative Societies,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI CMP(MD).No.9012 of 2021 R. Kalaiyarasan .. petitioner Vs.

1.The Deputy Registrar of Cooperative Societies, O/o. the Deputy Registrar of Cooperative Societies, No.174D, Gandhi Nagar, Musiri, Thiruchirappalli District.

2.Y.M.76, Tamil Nadu Electricity Employees Co-operative Societies, Thuraiyur, through its Special Officer, Thuraiyur, Thiruchirappalli District - 621 010.

.. Respondents / Respondents Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order passed in I.A.No.86 of 2015 in CMA(CS).no.45 of 2009 dated 05.11.2015 by the Cooperative Tribunal / Principal District Judge, Thiruchirappalli.

For Petitioner ...

Mr. D. Shanmugaraja Sethupathi For respondents ...

Mr. M. Senthil Ayyanar

ORDER

This Civil Revision petition is filed against the order passed in I.A.No.86 of 2015 in CMA(CS).no.45 of 2009 dated 05.11.2015 on the file of the Cooperative Tribunal / Principal District Judge, Thiruchirappalli.

2. This Court by order dated 16.02.2022 passed the following order:

" The revision petitioner is filed this Civil Revision Petition to set aside the order and decreetal order dated 05.11.2015 passed in I.A.No.86 of 2015 in C.M.A.(CS).No.45 of 2009 by the Co-operative Tribunal, Principal District Judge, Thiruchirappalli.

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2.The said I.A.No.86 of 2015 was filed by the revision petitioner to condone the delay of 710 days in representing the C.M.A(CS)No.45 of 2009, which was dismissed on 05.11.2015 by the learned Principal Session Judge, Tiruchirappalli. The present Civil Revision Petition is filed after five years.

3.Considering the fact that the delay is only in re-presenting the C.M.A(CS).No.45 of 2009, this Court is inclined to allow the petition on condition that the petitioners are directed to pay a sum of Rs.5,000/- (Rupees Five thousand only), to the credit of Madras High Court Madurai Bench, Advocate Clerk's Welfare Association, Maduri, on or before 04.03.2022.

4.Call on 05.03.2022 'for reporting compliance'.

3. The matter is posted today under the caption "for reporting compliance". As per the order passed by this Court dated 16.02.2022, the petitioner has paid a cost of Rs.5,000/- (Rupees Five Thousand only) and he has also filed a memo to that effect and the same is recorded.

4. In view of the same, the Civil Revision Petition is allowed and the order dated 05.11.2015 passed in I.A.No.86 of 2015 in CMA(CS).No.45 of 2009 on the file of the Cooperative Tribunal / Principal District Judge, Thiruchirappalli is set aside. The Principal District Judge, Thiruchirappalli is directed to restore the CMA (CS).No.45 of 2009 and dispose of the same within a period of three months from the date of receipt of a copy of this order since the matter is pending from 2009. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) trp 2/3

To The Cooperative Tribunal / Principal District Judge, Thiruchirappalli.

+1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-10505[F] dated 08/03/2022 ) +1 CC to M/s.SPL GP ( SR-10626[F] dated 08/03/2022 ) CMP(MD).No.9012 of 2021 07.03.2022 RK(22/03/2022) 3P 4C 3/3