1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN WP(MD)No.6280 of 2011 C.Dhandapani :Petitioner -Vs- 1.The Joint Registrar of Co-operative Societies, Karur Region, Collectorate, Thanthondrimalai, Karur,Karur District. 2.The Special Officer, Karur District Consumers Co-op. Wholesale Store, Dindigul Road, Karur-639 001. :Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the first respondent in his proceedings Na.Ka.1210/2011/Sa.Pa., dated 25.04.2011 and quash the same and consequently, direct the first respondent to entertain and dispose the revision on merits filed by the petitioner on 03.03.2011. For Petitioner :Mr.C.Prakasam For Respondent No.1 :Mr.B.Pugalendhi,Special Government Pleader For Respondent No.2 :Mr.R.Anandharaj,Government Advocate ORDER Heard Mr.C.Prakasam, learned counsel appearing for the petitioner, Mr.B.Pugalendhi, learned Special Government Pleader appearing for the first respondent and Mr.R.Anandharaj, learned Government Advocate appearing for the second respondent. 2.By consent, the Writ Petition itself is taken up for final hearing. 3.Challenging the order of the first respondent dated 25.04.2011, returning the revision filed by the petitioner on the ground that it has been filed beyond 90 days as prescribed under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983, the present Writ Petition is laid. 4.The petitioner, challenging the order of dismissal passed by the second respondent, has preferred a revision before the first respondent under Section 153 of the Tamil Nadu Co- operative Societies Act, 1983. The first respondent, holding that it has been filed beyond the time prescribed under the said provision, has returned/rejected the revision filed by the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 5.No doubt, under Section 153 of the Tamil Nadu Co- operative Societies Act, 1983, a revision has to be filed before the first respondent, within 90 days. But, however, absolutely, there is no prohibition to prefer a revision beyond the time prescribed under the said provision. If there is a total prohibition to file the revision beyond the time prescribed, one could understand that the first respondent may be justified in rejecting the revision filed by the petitioner. As stated already, absolutely, there is no prohibition, even though, the provision says that a revision has to be filed within 90 days. 6.Considering the above facts and circumstances, I am inclined to set aside the impugned order of the first respondent dated 25.04.2011 and direct the first respondent to dispose of the revision on merits and in accordance with law, without reference to the delay. In fact, the petitioner has explained the delay saying that since he was terminated from service, he could not mobilize the funds to file the revision, which appears to be satisfactory. 7.Accordingly, the impugned order of the first respondent dated 25.04.2011 is set aside and the Writ Petition stands, therefore, allowed. The first respondent is directed to dispose of the revision filed by the petitioner on merits and in accordance with law, without reference to the delay, at the earliest, in any event, within a period of four months from the date of receipt of a copy of this order. No costs. SD/- Deputy Registrar (Accounts) / TRUE COPY / Assistant Registrar To: 1.The Joint Registrar of Co-operative Societies, Karur Region, Collectorate, Thanthondrimalai, Karur, Karur District. 2.The Special Officer, Karur District Consumers Co-op. Wholesale Store, Dindigul Road, Karur-639 001. +1CC to The Special Government Pleader. SR.No.19671. SML RP/05.07.2011/2P/4C. Order made in W.P.(MD)No.6280 of 2011 Dated: 22.06.2011 https://hcservices.ecourts.gov.in/hcservices/