Allowed

P.Subramani, v. The Registrar of Co-Operative Societies

Madras HC24 Jan 2024REV.APLC(MD)/73/2023

Case brief

AI extract

What is this about?

Single judge of the Madras High Court allowed a review petition filed under Order 47 Rules 1 and 2 and Section 114 CPC. The Court held that the direction to grant 100% subsistence allowance from March 2023 was a typographical error and corrected it to from March 2015.

What did the court decide?

The direction for payment of subsistence allowance is modified to begin from March 2015 instead of March 2023. No costs.

P.Subramani, Vs The Registrar of Co-Operative Societies — Service and Employment | Madras HC (2024)

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Rev.Aplc.(Md) No.73 of 2023

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THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.01.2024

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CORAM:

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THE HONOURABLE MR JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI

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REV.APLC.(MD)No.73 of 2023

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P.Subramani ... Petitioner / Appellant

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Vs.

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1.The Registrar of Co-operative Societies, 170, E.V.R. High Road, Kelpauk, Chennai.

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2.The Joint Registrar of Co-Operative Societies, Collectorate, Thanthunimalai, Karur District.

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3.The President, R-240, K.N.Pudur Primary Agricultural Co-Operative Credit Society, N.Pudur, Nanniyoor Post, Karur District. ...Respondents/Respondents

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Prayer : Review Application filed under Order 47 Rule 1 and 2 r/w. Section

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114 of the Code of Civil Procedure to review the Judgment dated 13.03.2023 passed in W.A.(MD) No.386 of 2022 on the file of this Court.

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https://www.mhc.tn.gov.in/judis

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Rev.Aplc.(Md) No.73 of 2023

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For Petitioner : Mr.L.Suthakaran For Respondents : Mr.C.Baskaran, Government Advocate for R2 Mr.M.Senthil Ayyanar, Government Advocate for R3

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O R D E R

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(Order of the Court was made by R.SUBRAMANIAN, J. )

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The review is sought for of the order dated 13.03.2023.

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2. The short ground on which the review is based is that after

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allowing the writ appeal and setting aside the order of the writ Court on a conclusion that the petitioner would be entitled to 100% subsistence allowance and the reduction of the subsistence allowance by the order impugned in the writ petition dated 31.03.2015 is illegal and un-sustainable, we had directed payment of full subsistence allowance from March 2023 which is against the spirit of the order.

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3. The learned counsel appearing for the petitioner would contend

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https://www.mhc.tn.gov.in/judis

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Rev.Aplc.(Md) No.73 of 2023

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that once it is found that the impugned order is illegal he would be entitled

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to the benefits atleast from the date of the impugned order that is 31.03.2015.

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4. A counter has been filed by the 3^rd respondent Society wherein the entitlement of the petitioner of subsistence allowance and applicability of Payment of Subsistence Allowance Act is questioned. We do not think that such issue could be raised in the review petition.

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5. Moreover we have recorded a finding that the Management

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viz., the 3^rd respondent is responsible for delay in completion of the enquiry proceedings. Once such conclusion is reached, the 3^rd respondent would be liable to pay subsistence allowance at 100% from the date of the impugned order and not from any subsequent date.

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6. We find that the direction to pay full subsistence allowance from March 2023 that is the month during which the writ appeal came to be disposed of is clearly erroneous and we suspect that it is a typographical error. Hence, we have no hesitation in concluding that this review petition

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https://www.mhc.tn.gov.in/judis

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Rev.Aplc.(Md) No.73 of 2023

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is to be allowed.

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7. The review petition is therefore allowed and the direction contained in paragraph No.4 of the writ appeal order is modified to the effect that the petitioner in the review petition/ the appellant in the writ appeal would be entitled to subsistence allowance from March 2015 instead of March 2023. No costs.

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(R.S.M.,J.) (L.V.G.,J.) 24.01.2024 dsa Index : Yes/ No Internet : Yes/ No Neutral Citation : Yes/ No Speaking order/Non-speaking order

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https://www.mhc.tn.gov.in/judis

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Rev.Aplc.(Md) No.73 of 2023

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1.The Registrar of Co-operative Societies, 170, E.V.R. High Road, Kelpauk, Chennai.

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2.The Joint Registrar of Co-Operative Societies, Collectorate, Thanthunimalai, Karur District.

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3.The President, R-240, K.N.Pudur Primary Agricultural Co-Operative Credit Society, N.Pudur, Nanniyoor Post, Karur District.

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https://www.mhc.tn.gov.in/judis

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Rev.Aplc.(Md) No.73 of 2023

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R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.

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dsa

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REV.APLC.(MD)No.73 of 2023

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24.01.2024

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https://www.mhc.tn.gov.in/judis

P.Subramani, v. The Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

P.Subramani, v. The Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

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