1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.77 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 V.Damodaran .. Petitioner/Appellant Vs. 1.Karur Town Co-operative Bank Ltd., Karur. 2.Deputy Registrar of Co-operative Societies, Karur Circle, Karur. 3.S.M.S.Elangovan .. Respondents/Respondents Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 against the fair and decretal order dated 17.06.2010 passed in C.M.A(CS)No.2 of 2006 by the District Court, Karur. For Petitioner : Mr.V.Raghavachari For Respondent No.1 : Mr.K.Govindarajan For Respondent No.2 : Mr.B.K.Rajendran Addl. Govt. Pleader For Respondent No.3 : No appearance ORDER This Civil Revision Petition has been directed against the order dated 17.06.2010 passed in C.M.A(CS)No.2 of 2006 by the Co-operative Tribunal/District Court, Karur. 2. The revision petitioner herein as petitioner has filed a petition under Rule 128(2) of the Tamil Nadu Co-operative Societies Rules, 1988 praying to set aside the sale held on 24.11.2004 before the Deputy Registrar of Co-operative Societies and the same has been dismissed. Against the dismissal order, the revision petitioner herein as appellant has filed C.M.A(CS) No.2 of 2006 and other petitions filed therein on the file of https://hcservices.ecourts.gov.in/hcservices/ 2 the Court below. The Court below has dismissed C.M.A(CS)No.2 of 2006 simply on the ground that against the order passed under Rule 128(2) of the Tamil Nadu Co-operative Societies Rules, 1988, only revision would lie under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983 and therefore the present appeal is not legally maintainable. Against the dismissal order passed by the Court below in C.M.A(CS)No.2 of 2006, the present Civil Revision Petition has been preferred. 3. The learned counsel appearing for the revision petitioner has contended that the petition in question has been filed under Rule 128(2) of the Tamil Nadu Co-operative Societies Rules, 1988 so as to set aside the sale held on 24.11.2004 and the concerned authority has erroneously dismissed the same and against the order passed therein C.M.A(CS)No.2 of 2006 has been filed on the file of the Court below and the Court below has also erroneously dismissed the same simply on the ground that the same is not legally maintainable and therefore the order passed by the Court below is liable to be interfered with. 4. The learned Additional Government Pleader has contended that the impugned order passed by the Deputy Registrar of Co-operative Societies is only under Rule 128(2) of the Tamil Nadu Co-operative Societies Rules, 1988 and the same cannot be agitated by way of filing Civil Miscellaneous Appeal under Section 152 of the Tamil Nadu Co-operative Societies Act, 1983 and proper remedy is to file a revision before the Registrar of the said Act and the same has not been done and under the said circumstances the Court below has rightly dismissed C.M.A(CS) No.2 of 2006 and therefore the impugned order passed by the Court below need not be interfered with. 5. As enunciated earlier, the revision petitioner herein as petitioner has filed the petition in question under Rule 128 (2) of the Tamil Nadu Co-operative Societies Rules, 1988. The Deputy Registrar has dismissed the same. Against the dismissal order passed by the Deputy Registrar, C.M.A(CS)No.2 of 2006 has been filed on the file of the Court below. The Court below has analysed Section 152 of the Tamil Nadu Co-operative Societies Act, 1983 and also Section 153 of the said Act and ultimately found that as per Section 153 of the said Act, against the impugned order passed by the Deputy Registrar only revision would lie and ultimately dismissed C.M.A(CS)No.2 of 2006. 6. As pointed out earlier, the petition in question has been filed under Rule 128(2) of the Tamil Nadu Co-operative Societies Rules, 1988. Against the order passed under the said Rule, only revision would lie under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983. Admittedly against the dismissal order passed by the Deputy Registrar of Co-operative Societies, C.M.A(CS)No.2 of 2006 has been preferred on the file of the Court below. The Court below after considering the scope of Section 152 of the Tamil Nadu Co-operative Societies Act, 1983 and also Section 153 of the said Act has rightly found that against the impugned order passed under Rule 128(2) of the Tamil https://hcservices.ecourts.gov.in/hcservices/ 3 Nadu Co-operative Societies Rules, 1988, only revision would lie under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983 and ultimately dismissed C.M.A(CS)No.2 of 2006. 7. In view of the discussion made earlier, this Court has not found any error nor illegality in the order passed by the Court below in C.M.A(CS)No.2 of 2006 and altogether the present Civil Revision Petition deserves to be dismissed. 8. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs and the order passed in C.M.A(CS)No.2 of 2006 by the Co-operative Tribunal/District Court, Karur is confirmed. However the revision petitioner is at liberty to file revision under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983 subject to limitation. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To The District Judge , Karur. +One cc to Mr.K.Govindarajan, Advocate, SR.No.9493 +One CC to Mr.V.Raghavachari, Advocate, SR.No.9440 smn rl/4c – 18.3.2011 C.R.P.(NPD)(MD)No.77 of 2011 and M.P(MD)No.1 of 2011 https://hcservices.ecourts.gov.in/hcservices/