High CourtsSingle Bench(2013) 07 MAD CK 0119

T. Natarajan vs State of Tamilnadu, The Registrar of Cooperative Societies, (Housing Board) and The Special Officer, Sakthi Cooperative House Building Society Ltd.

Madras High Court · Decided on 16 July 2013

HON’BLE JUDGES
M. Jaichandren, J
CASE NUMBER
Writ Petition No. 12121 of 2013 and M.P. No''s. 1 and 2 of 2013

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Judgment

15 paragraphs · 345 words

M. Jaichandren, J.—Heard the learned counsel appearing for the petitioner, as well as the learned counsels appearing on behalf of the

respondents. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would

suffice, if the order of the second respondent, dated 8.3.2013, is set aside and if the matter is remitted back to the second respondent to decide

the revision petition filed by the petitioner, u/s 153 of the Tamil Nadu Cooperative Societies Act, 1983, on merits and in accordance with law.

2.

The learned counsel appearing on behalf of the petitioner had submitted that there has been a delay in the filing of the revision petition, dated

5.2.2013, before the second respondent, due to the illness suffered by the petitioner. The second respondent had dismissed the revision petition

filed by the petitioner, by his order, dated 8.3.2013, stating that the said revision petition had been filed by the petitioner, belatedly.

3.

The learned counsel appearing on behalf of the respondents 1 and 2 have no serious objections for this court setting aside the impugned order of

the second respondent, dated 8.3.2013, and for remitting the matter back to the second respondent to decide the revision petition filed by the

petitioner, on merits and in accordance with law. In view of the said submissions made by learned counsels appearing on either side, this Court

finds it appropriate to set aside the order of the second respondent, dated 8.3.2013, and to remit the matter back to the second respondent, to be

decided on merits and in accordance with law. The second respondent is directed to pass appropriate orders on the revision petition filed by the

petitioner, dated 5.2.2013, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order,

after giving an opportunity of hearing to the petitioner, as well as to the third respondent. The writ petition is ordered accordingly. No costs.

Consequently, connected miscellaneous petitions are closed.