The Deputy Registrar Of v. A.Thavamaniraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and C.M.P.(MD)No.4857 of 2016 The Deputy Registrar of Co-operative Societies, Madurai Circle, Madurai 625 016.

... Petitioner Vs.

1.A.Thavamaniraj 2.Co-operative Tribunal, (Principal District Court), Madurai.

... Respondents Prayer: Petition filed under Article 227 of the Constitution of India to set aside the judgment and decree dated 29.06.2015 made in C.M.A.(CS)No.18 of 2009 on the file of the Co-operative Tribunal (Principal District Court) Madurai.

For Petitioner : Mr.A.Baskaran, Addl. Govt. Pleader For Respondents : Mr.S.Mohandass for R1 R2 Court

O R D E R

This Civil Revision Petition has been filed against an order dated 29.06.2015 passed in C.M.A.(CS)No.18 of 2009 on the file of the learned Cooperative Tribunal (Principal District Court) Madurai, Ramanathapuram, setting aside the surcharge proceeding dated 30.06.2009 passed by the Deputy Registrar of Co-operative Societies, Madurai Circle, Madurai, who acted as an adjudicating authority under Section 87 of the Tamil Nadu Cooperative Societies Act, 1983.

2. It is now well settled that the quasi-judicial authority is not entitled to prosecute the matter, as if an aggrieved party and the said aspect has been considered by this Court in C.R.P.(PD)(MD)No.996 of 2021 by an order dated 27.03.2025.

3. In the light of the above, learned Additional Government Pleader submitted that this Civil Revision Petition cannot be entertained at the instance of the petitioner herein, who is a quasi-judicial authority.

4. In the circumstances, this Civil Revision Petition is dismissed leaving it open to the parties aggrieved by an order dated 29.06.2015 passed in C.M.A.(CS)No.18 of 2009 on the file of learned Co-operative Tribunal (Principal District Court) Madurai by initiating appropriate proceedings. Accordingly, this Civil Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

28.04.2025 NCC : Yes/No Index : Yes/No vsm To 1.The Co-operative Tribunal (Principal District Court), Madurai.

2.The Deputy Registrar of Co-operative Societies, Madurai Circle, Madurai.

MUMMINENI SUDHEER KUMAR, J.

vsm 28.04.2025