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2012 DIGILAW 3134 (MAD)

A. G. Ravi v. Joint Registrar of Co-Operative Societies, Tiruvallur District

2012-07-19

R.SUDHAKAR

body2012
Judgment :- 1. The Writ Petition has been filed for the issuance of a Writ, in the nature of Certiorari, to quash the impugned order, dated 28.05.2012, passed by the first respondent, viz., the Joint Registrar of Co-operative Societies. 2. The petitioner claiming to be the Member of the second respondent/Bank has applied for a loan, in the year 2000 and made part payment. Subsequently, another loan was sanctioned in the year 2004 and in respect of that loan, only some amount has been paid and the substantial amount, remains unpaid, for which, proceedings have been initiated by the second respondent/Authority, for attachment and sale of the property. 3. Feeling aggrieved, the petitioner approached the first respondent, by way of a Review Petition, under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as 'the Act', for the sake of brevity), which came to be rejected, on the ground that the petitioner has not satisfied the requirements of the Government Order, relied upon by him and hence, he is not entitled to seek the benefit of the Scheme. Aggrieved again, the petitioner has filed the present Writ Petition. 4. At the time of admission of the Writ Petition, Mr.L.P.Shanmugasundaram, the learned Special Government Pleader takes notice for the respondents. On instructions from the respondents, he submitted that the benefit of the scheme cannot be extended to the petitioner, as he did not satisfy the requirements of the Government Order. 5. The issue relates to grant of certain benefits of Government order and therefore, the claim has to be considered in the light of relevant provisions of law. On instructions from the respondents, he submitted that the benefit of the scheme cannot be extended to the petitioner, as he did not satisfy the requirements of the Government Order. 5. The issue relates to grant of certain benefits of Government order and therefore, the claim has to be considered in the light of relevant provisions of law. Section 153 of the Act, provides that the Government can consider the claim on application against the order of the Registrar Section 153:- "The Registrar, may ,of his own motion, or on application, call for and examine the record of any officer subordinate to him or of the board or any officer of a registered society or of the competent Authority constituted under sub-section (3) of Section 75 and the Government may, of their own motion or on application, call for and examine the record of the Registrar, in respect of any proceedings under this Act or the Rules or the bye-laws not being a proceeding in respect of which an appeal to the Tribunal is provided by sub-section(1) of Section 152 to satisfy himself or themselves as to the regularity of such proceedings, or the correctness, legality or propriety of any decision passed or order made therein; and, if in any case, it appears to the Registrar or the Government that any such decision or order should be modified, annulled, reversed or remitted for reconstruction, he or they may pass orders accordingly;" 6. A cursory reading of Section 153 of the Act, makes it clear that the Government may, on its own or on application, call for and examine the records of the Registrar, in respect of any proceedings under this Act or the Rules or the bye-laws, to test the legality/correctness/propriety of the order passed by the Registrar. 7. The petitioner seeks certain benefits based on Government Order and the Government has the power to examine the order passed by the Registrar or the Joint Registrar, to test the correctness, legality or propriety of any decision or order passed, this Court is of the view that the Writ Petition, filed at this stage, is a premature. Therefore, prima facie this Court concludes that the petitioner should be directed to file an Application to the Government, and test the correctness of the order passed by the joint Registrar, viz., first respondent herein, in terms of Section 153 of the Act. 8. Therefore, prima facie this Court concludes that the petitioner should be directed to file an Application to the Government, and test the correctness of the order passed by the joint Registrar, viz., first respondent herein, in terms of Section 153 of the Act. 8. The learned Special Government Pleader for the respondents has raised an objection stating that, since the petitioner has exhausted his remedy, by filing a Review Petition, under Section 153 of the Act, before the Joint Registrar/first respondent, the application, before the Government is not maintainable. This Court is unable to agree to the said contention of the learned Special Government Pleader, as Section 153 provides that in addition to the power given to the Registrar, to examine either on his own motion or on application, the order passed by the Officer, subordinate to him, the Government is also vested with such a power to examine the records of the Registrar to test the legality/correctness/propriety of the order passed by him. The power of the Government is independent. There is no clause to state that, if the Registrar exercises his jurisdiction to take up Review under Section 153 of the Act, the Government power to review, is ousted. 9. In such view of the matter, the petitioner is directed to approach the Government, under Section 153 by way of an appropriate application, and seek the benefit of the scheme, which has been declined by the first respondent/Joint Registrar. As and when such an Application is filed, the Government is directed to consider the same and pass orders, on merits and in accordance with law, as expeditiously as possible, preferably, within a period of twelve weeks, from the date of receipt of application. 10. In the result, the Writ Petition is disposed of, on the above said terms. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.