The Assistant Director Of ... vs R.Athma Rao
2021 Latest Caselaw 24328 Mad

                                                                         C.R.P.(NPD) (MD) No.513 of 2019



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 10.12.2021

                                                    CORAM

                                   THE HONOURABLE MS.JUSTICE P.T.ASHA

                                        C.R.P.(NPD)(MD)No.513 of 2019


                     The Assistant Director of Handlooms and Textiles,
                     No.5, Shenoy Nagar,
                     Madurai.
                     Now at
                     29, Kakkangi Street,
                     Shenoy Nagar,
                     Madurai.                                                         ... Petitioner
                                                    Vs.

                     R.Athma Rao                                                   ... Respondent


                     PRAYER:- Civil Revision Petition filed under Article 227 of the
                     Constitution of India, to set aside the Judgment and Decree made in
                     C.M.A.(CS).No.82 of 2004 dated 20.04.2005 on the file of the Principal
                     District Court, Madurai, reversing the order passed in surcharge
                     proceedings S.C.13/2003/G, dated 30.06.2004 by the Assistant Director
                     of Handlooms and Textiles, Madurai, allow the above Civil Revision
                     Petition.




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                                                                           C.R.P.(NPD) (MD) No.513 of 2019




                                             For Petitioner       : Mr.N.Muthuvijayan
                                                                    Special Government Pleader

                                             For Respondent       :Mr.S.Mohandoss


                                                         ORDER

The petitioner herein has challenged the order passed in C.M.A.

(CS).No.82 of 2004, by the learned District Munsif Court, Madurai, in

which, the respondent herein had questioned the surcharge proceedings

initiated by the Assistant Director of Handlooms and Textiles, Madurai.

Similar appeals were also filed by others, against whom, the surcharge

proceedings had been initiated.

2. The learned Principal District Munsif Judge, by order dated

20.04.2005, allowed all the appeals only on the ground that the initiation

of surcharge proceedings was beyond the period of one year as

contemplated under proviso to Section 87(2) of the Tamil Nadu Co-

operative Societies Act. The learned Judge had not gone into the merits

of the case. The petitioner herein had filed appeals against all the other

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persons and had not filed any appeal only in the case of respondent

herein. The judgment had been pronounced nearly after 14 years. The

petitioner has now moved this Court by filing this revision petition. The

revisions filed by the petitioner against other persons have been remitted

back to the Principal District Munsif Judge, for fresh consideration by

giving liberty to place their submissions as the order impugned was only

based upon the question of limitation.

3. The learned counsel appearing for the respondent would submit

that, no steps have been taken by the petitioner to file civil revision

petition for 14 years and by reason for this inordinate delay, the

respondent has suffered great deal of mental agony.

4. The learned counsel for the petitioner submitted that in the light

of judgment of the Hon'ble Division Bench of this Court in the case of

GOUNDAMPALAYAM PRIMARY AGRICULTURAL CO-

OPERATIVE CREDIT SOCIETY vs. A.SHANMUGAM reported in

2018 (1) CTC 231,, the order passed by the learned District Munsif

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Court, Madurai, is wrong.

5. On hearing both the counsels, this Court, taking into account the

order passed in respect of similarly placed persons, allows the Civil

Revision Petition and remits the matter back to the Principal District

Judge, Madurai, for fresh consideration, after giving opportunity to both

parties to make their submissions. The learned Judge shall dispose of

C.M.A.(CS).No.82 of 2004 within a period of two months from the date

of receipt of a copy of this Order.

6. While allowing the Civil Revision Petition, this Court is

conscious of the fact that there has been an inordinate delay on the part

of the petitioner to challenge the order passed by the learned Principal

District Judge, Madurai, by reason of which, they have been keeping the

respondent on tenterhooks and the mental agony suffered by the

respondent has to be adequately compensated. This Court is of the view

that the petitioner shall therefore, pay a sum of Rs.10,000/- to the

respondent on or before 03.01.2022.

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7. Post the matter for reporting compliance on 04.01.2022.

10.12.2021

Index :Yes/No Internet :Yes/No ssb

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:-

Principal District Court, Madurai.

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https://www.mhc.tn.gov.in/judis C.R.P.(NPD) (MD) No.513 of 2019

P.T.ASHA, J.

ssb

C.R.P(NPD) (MD)No.513 of 2019

10.12.2021

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