Madras High Court
Kaliappan ..Revision vs Registrar Of Co-Operative ... on 22 September, 2021
CRP (NPD).No.4445 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2021
CORAM
The Hon'ble Mr.Justice Krishnan Ramasamy
C.R.P.(NPD)No.4445 of 2013
and
M.P.No.1 of 2013
Kaliappan ..Revision Petitioner
vs.
1.Registrar of Co-operative Societies,
Gobichettypalayam, Erode District.
2.The President,
Nilakudiyetra Co-operative Societies,
Anthiyur, Erode District.
3.The Sub-Registrar/Managing Director,
Gobi circle Co-operative Societies,
Gobichettypalayam, Erode District. ..Respondents
PRAYER:
Civil Revision Petition filed under Section 115 of the Code of Civil
Procedure, to set aside the judgment and decree dated 17.09.2012 made in
C.M.A. No.65 of 2008 passed by the Principal District Judge, Erode
1/7
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CRP (NPD).No.4445 of 2013
confirming the order dated 09.11.2004 made in Na.Ka.No.4661/2002A
passed by the Sub-Registrar/Magistrate, Gobi Circle Co-operatives
Societies, Gobichettypalayam, Erode District.
For Revision Petitioner : Mr.S.Senthilnathan
For Respondent 1 and 3 : Dr.S.Suriya,
Government Counsel
For Respondent 2 : Mr.L.P.Shanmugasundaram
ORDER
This Civil Revision Petition is filed against the judgment and
decree dated 17.09.2012 passed by the Principal District Judge, Erode, in
C.M.A. No.65 of 2008, whereby, the order, dated 09.11.2004, passed by the
Sub-Registrar, Gobi Circle, Co-operatives Societies, Gobichettypalayam,
Erode District, in Na.Ka.No.4661/2002A was confirmed.
2. The learned counsel appearing for the revision petitioner
submits that the father of the revision petitioner was the member of the
respondent-Society from the year 1944, and he was allotted a land,
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CRP (NPD).No.4445 of 2013
measuring to an extent of 5.39 acres in S.F.No.1104/1 and 1105 by the
second respondent-Society and right from the said allotment, his father
was cultivating the land till his death on 22.09.1984. After the death
of the revision petitioner's father, the revision petitioner, being his legal
heir, has right over the said land.
3. Per contra, the third respondent has filed a counter affidavit,
inter alia denying the revision petitioner's right over the land by stating
that the father of the revision petitioner resigned from the membership
in the year 1982 itself, and surrendered the land, and therefore, there
cannot be any claim by any of the legal representatives of the deceased.
4. In reply, the learned counsel appearing for the revision
petitioner submits that the revision petitioner came to know from one
Mr.C.K.Munusamy, the former President of the Society, that revision
petitioner's father has not resigned from the Membership nor
relinquished any right over the land as alleged by the third respondent
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CRP (NPD).No.4445 of 2013
and buttressing the same, he has also filed an affidavit on 28 th February,
2001. However, it is the contention of the learned counsel appearing
for the third respondent, once the father of the revision petitioner
relinquished his rights and got back the subscription amount, he has no
business, whatsover, and had he continued his membership in the
Society, he has right over the properties in the Society.
5. Heard the learned counsel appearing for the parties and
perused the materials available on records.
6. This Court perused the affidavit, dated 28.02.2001, alleged to
have been filed by the ex President of the Society, viz.,
Mr.C.K.Munusamy. A perusal of the affidavit, dated 28.02.2001,
would show that Mr.C.K.Munusamy was the ex President of the second
respondent-Society, in the year 1983-84. According to him, the
deceased father of the revision petitioner has not relinquished his right
in the Society, whereas, the third official respondent had filed a
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CRP (NPD).No.4445 of 2013
counter affidavit, stating that the father of the revision petitioner
surrendered the membership, thereby, relinquishing his right over the
land. The said counter affidavit was filed by the third respondent based
on the records. Whereas, the affidavit, dated 28.02.2001, alleged to
have filed by the ex-president of the Society, viz., C.K.Munusamy, is
bereft of any materials with regard to the reference of the documents
maintained in the Co-operative Society. Obviously, the said
C.K.Munusamy was president of the Co-operative Society about 17
years back. The affidavit only shows that there was no relinquishment
by the father of the revision petitioner, but, no entries were made in the
register maintained by the Society, to prove the same and so far, there
has been no challenge against that entries, and as long as there is no
challenge to the entries made in the register, this Court finds substance
in the counter affidavit filed by the third respondent. Therefore, this
Court does not find any infirmity in the order passed by the Court
below, and the same stands confirmed.
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CRP (NPD).No.4445 of 2013
7. Accordingly, the Civil Revision Petition stands dismissed. No
costs. Consequently, connected miscellaneous petitions is closed.
22.09.2021
Index: Yes/No
Speaking/Non-speaking Order
sd
To
1. The Principal District Judge, Erode.
2. Sub-Registrar/Magistrate,
Gobi Circle Co-operatives Societies,
Gobichettypalayam, Erode District.
3. The Registrar of Co-operative Societies,
Gobichettypalayam, Erode District.
4 The President,
Nilakudiyetra Co-operative Societies,
Anthiyur, Erode District.
5. The Sub-Registrar/Magistrate,
Gobi circle Co-operative Societies,
Gobichettypalayam, Erode District.
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CRP (NPD).No.4445 of 2013
Krishnan Ramasamy, J.,
sd
C.R.P (NPD)No.4445 of 2013
and
M.P.No.1 of 2013
22.09.2021
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