Karunakaran, v. The Deputy Registrar Tamil Nadu Co-Operative Society

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2024

CORAM

THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Karunakaran S/o. Rajagopal ... Petitioner / Petitioner Vs.

The Deputy Registrar Tamil Nadu Co-operative Society, No.56, Kamatchiamman Kovil Street, Aranthangi, Pudukkottai.

... Respondent / Respondent PRAYER: Review Application filed under Section 114 of C.P.C., r/w Order 47 Rule 1 of C.P.C., to review the order made in C.R.P.(MD). No. 883 of 2017 dated 25.09.2023.

For Petitioner :

Mr. M.Sridharan

O R D E R

Heard the learned counsel for the petitioner.

2. The learned counsel for the petitioner would submit that the surcharge proceedings has been initiated against Karunakaran and Mohan, whereas, the authority has attached only the Karunakaran's property and has 1/4

not initiated any action against the property of Mohan. Therefore, the learned counsel for the petitioner would submit that such aspect has not been dealt in the order passed by this Court. Hence, prayed to review the order of this Court.

3. It is well settled principle of law that the re-adjudication of merits cannot be done under review jurisdiction and apart from that, unless there is an error apparent on the face of the records, the review jurisdiction cannot be exercised. From the submissions made by the learned counsel for the petitioner, this Court could not find any error apparent on the face of the records. Therefore, though the submissions made by the learned counsel for the petitioner be a good ground for appeal, the same cannot be a ground for the review. Therefore, this Court is not inclined to entertain this Review Petition.

4. In the result, the Review Petition is dismissed. There shall be no order as to costs.

19.07.2024 Index : Yes/No Speaking order : Yes/No NCC : Yes/No pal 2/4

To

1. The Deputy Registrar Tamil Nadu Co-operative Society, No.56, Kamatchiamman Kovil Street, Aranthangi, Pudukkottai.

2. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.KUMARAPPAN, J.

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