K.Rengasamy v. The Joint Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Mr.K.Rengasamy ... Petitioner Vs.

1.The Joint Registrar, Joint Registrar Office, Zonal Co-operative Society, Near Collector Office, Pudukottai-600 001, 2.The M.M.75 Mullangkuruchi, Primary Agriculture Co-operative Credit Society, Represented by its President, Mullangkuruchi Post, Karampakudi Taluk, ... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondent No.1 to dispose of the Revision Petition, dated 03.04.2017 preferred by the petitioner, within the time stipulated by this Hon'ble Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.VR.Shanmuganathan, Special Goverment Pleader

ORDER

The petitioner has come out with the present writ petition seeking for a mandamus, directing the first respondent to dispose of the Revision Petition, dated 03.04.2017, preferred by the petitioner.

2. The petitioner filed a revision petition before the first respondent challenging the order of the second respondent. The same was returned on the ground of delay. The petitioner filed a writ petition in W.P.(MD)No.5157 of 2017 challenging the said return. This Court, by the order, dated 24.03.2017, dismissed the writ petition with liberty to the petitioner to resubmit the revision petition after complying with the defects pointed out by the first respondent.

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3. According the learned counsel for the petitioner, the petitioner filed a fresh revision petition, dated 03.04.2017 and the same is pending and prayed for a direction to dispose of the revision, dated 03.04.2017, within a time frame fixed by this Court.

4.Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the respondents submitted that the revision filed by the petitioner was returned on 19.04.2017 for three defects and the same was not resubmitted by the petitioner.

5. According to the learned counsel for the petitioner, the petitioner rectified only one defect and the other two defects were not rectified.

6. The learned Special Government Pleader submitted that if the defects are rectified, the question of maintainability of the revision would be decided and the revision petition would be disposed of on merits.

7.Considering the above submissions, the petitioner is directed to resubmit the revision petition after rectifying the defects within two weeks from the date of receipt of a copy of this order. On such re-presentation, the first respondent is directed to decide the question of maintainability of the revision petition and dispose the same within a period of twelve (12) weeks thereafter.

8. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) am To 1.The Joint Registrar, Joint Registrar Office, Zonal Co-operative Society, Near Collector Office, Pudukottai-600 001, 2/3

2.The President, M.M.75 Mullangkuruchi, Primary Agriculture Co-operative Credit Society, Mullangkuruchi Post, Karampakudi Taluk, +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-86724[F] dated 16/09/2019 ) +1 CC to M/s.SPL GP ( SR-86917[F] dated 16/09/2019 ) 13.09.2019 KM/(04.11.2019) 3P 5C 3/3