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Madras High CourtCRP(MD)/9/2024dismissed

The Deputy Registrar Of v. T.Vivekanandan

2025-04-28Honourable Mr.Justice Mummineni Sudheer Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR The Deputy Registrar of Co-operative Societies, O/o the Deputy Registrar of Co-operative Societies, Ramanathapuram.

... Petitioner Vs.

1.T.Vivekanandan 2.R.Mani ... Respondents Prayer: Petition filed under Article 227 of the Constitution of India to call for the records and set aside the order dated 26.04.2023 passed by the learned Principal District Court, Ramanathapuram made in C.M.A.(CS)No.12 of 2022 and it is prayed to confirm the surcharge order dated 03.06.2022 passed by the Deputy Registrar of Co-operative Societies, Ramanathapuram in R.C.No.2487 of 2019 SF.

For Petitioner : Mr.S.Shanmugavel, Addl. Govt. Pleader For Respondents : Mr.S.Sukumar for R1 Mr.T.S.Mohamed Mohideen for R2

O R D E R

This Civil Revision Petition has been filed against an order dated 26.04.2023 passed in C.M.A.(CS)No.12 of 2022, on the file of the learned Principal District Court, Ramanathapuram, setting aside the surcharge proceeding dated 03.06.2022 passed by the Deputy Registrar of Co-operative Societies, Ramanathapuram, who acted as an adjudicating authority under Section 87 of the Tamil Nadu Co-operative 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 26.04.2023 passed in C.M.A.(CS)No.12 of 2022 on the file of learned Principal District Court, Ramanathapuram by initiating appropriate proceedings. Accordingly, this Civil Revision Petition is dismissed. There shall be no order as to costs. 28.04.2025 NCC : Yes/No Index : Yes/No vsm To 1.The Principal District Court, Ramanathapuram.

2.The Deputy Registrar of Co-operative Societies, Ramanathapuram.

MUMMINENI SUDHEER KUMAR, J.

vsm 28.04.2025