1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.6768 of 2011 K.Ashokkumar : Petitioner Vs. 1.The Joint Registrar of Co-op. Societies, Karur Region, Collectorate, Thanthondrimalai, Karur, Karur District. 2.The Special Officer, M.M.88, Melapalayam Primary Agricultural Co-op. Credit Society, Melapalayam, S.Vellapatti Post, Karur District. : 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.5242/2010/Sa.Pa., dated 26.10.2010 and quash the same and consequently, direct the first respondent to entertain and dispose the revision on merits filed by the petitioner on 14.10.2010. 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 ****** Mr.B.Pugalendhi, learned Special Government Pleader, takes notice on behalf of the first respondent and Mr.R.Anandharaj, learned Government Advocate, takes notice on behalf of the second respondent. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the first respondent and the learned Government Advocate appearing for the second respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Challenging the impugned order passed by the first respondent dated 26.10.2010, rejecting the revision filed by the petitioner under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983, the present Writ Petition is filed with a further direction to the first respondent to entertain the revision and dispose of the same on merits. 4. Against the order passed by the second respondent, the petitioner has filed a revision before the first respondent under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983. The said revision was rejected by the first respondent on the sole ground that the same has been filed belatedly. 5. Admittedly, under the said provision, a revision has to be filed before the first respondent, within 90 days from the date of receipt of a copy of the order. However, the said provision do not say that a revision cannot be entertained beyond the said period. The said view was taken by this Court on very number of matters. In fact, in W.P.No.560 of 2011, by an order dated 10.02.2011, this Court has taken the said decision. Even I had an occasion to consider the same and I have held that when there is no total prohibition to entertain the revision, which was filed beyond the time prescribed under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983, it is open to the authority concerned to entertain the revision and dispose of the same on merits. 6. In view of the above stated position, the impugned order of the first respondent dated 26.10.2010 is liable to be set aside and accordingly, set aside and the Writ Petition, therefore, stands allowed. The first respondent is directed to dispose of the revision filed by the petitioner on merits and in accordance with law at the earliest, in any event, within a period of three months from the date of receipt of a copy of this order. No costs. sd/- Assistant Registrar (Crl. Side) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Joint Registrar of Co-op. Societies, Karur Region, Collectorate, Thanthondrimalai, Karur, Karur District. 2. The Special Officer, M.M.88, Melapalayam Primary Agricultural Co-op. Credit Society, Melapalayam, S.Vellapatti Post, Karur District. + 1 cc to The Special Government Pleader, SR No.20879 Order made in W.P.(MD)No.6768 of 2011 Dated: 28.06.2011 SML RJ/11.7.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/