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Secretary Vs N.Ramkumar — Writ and Judicial Review | Madras HC (2025)

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Madras HC
2025
Secretary Vs N.RamkumarSecretary v. N.Ramkumar

Dismissed¶28

Secretary v. N.Ramkumar

Madras HC7 Feb 2025CRP(MD)/2037/2022

Case brief

AI extract

What is this about?

Cooperative credit society; loan recovery dispute; Article 227 Constitution of India; civil revision petitions dismissed as infructuous after borrowers settled dues under Society's extended-repayment scheme; Thoothukudi; Principal District Judge CMA(CS) No.15 of 2014 (dt. 01-04-2019) and CMA(CS) No.14 of 2014 (dt. 19.08.2019); arbitrator order Tha.Va No.124/2013-2014 (dt. 22-05-2014); no merits decided; no costs; Mummineni Sudheer Kumar, J.; Madurai Bench of Madras High Court; 07.02.2025.

What did the court decide?

On the representation of the learned counsel for the petitioner that the first respondents had already settled the loan amounts pursuant to the petitioner Society's scheme extending the time for repayment, the Court held that the relief sought in both Civil Revision Petitions had become infructuous and dismissed them as having become infructuous, closing the connected miscellaneous petitions and making no order as to costs.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the orders of the Learned Principal District Judge, Thoothukudi in CMA(CS) No.15 of 2014 dated 01-04-2019 and CMA(CS) No.14 of 2014 dated 19.08.2019 ought to be set aside in exercise of jurisdiction under Article 227 of the Constitution of India.

Court's answer

On the representation of the learned counsel for the petitioner that the first respondents had already settled the loan amounts pursuant to the petitioner Society's scheme extending the time for repayment, the Court held that the relief sought in both Civil Revision Petitions had become infructuous and dismissed them as having become infructuous, closing the connected miscellaneous petitions and making no order as to costs.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), Mummineni Sudheer Kumar, J. — Common order dated 07.02.2025 in C.R.P.(PD)(MD)Nos.2037 & 1221 of 2022 (with C.M.P.(MD)Nos.9302, 9303 & 4983 of 2022), petitions under Article 227 of the Constitution of India by the Secretary of a primary agricultural co-operative credit society seeking to set aside orders of the Learned Principal District Judge, Thoothukudi in CMA(CS) No.15 of 2014 dated 01-04-2019 (which had set aside the Sub Registrar/Field Officer/Arbitrator's order in Tha.Va No.124/2013-2014 dated 22-05-2014) and in CMA(CS) No.14 of 2014 dated 19.08.2019. Counsel for the petitioner represented that the first respondents had settled the loan amounts pursuant to the Society's scheme extending time for repayment; the Court accordingly held the relief sought infructuous, dismissed both revision petitions as infructuous, closed the connected miscellaneous petitions, and made no order as to costs. No issue on the merits was decided.

A

C.R..P.(PD)(MD)Nos.2037 & 1221 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 07.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

C.R.P.(PD)(MD)Nos.2037 & 1221 of 2022 and

C.M.P.(MD)Nos.9302, 9303 & 4983 of 2022

Secretary, E.E.423, Udankudi Primary Agricultural Co-operative Credit Society Ltd., Udangudi, Tiruchendur Taluk, Thoothukudi District.

... Petitioner in

both C.R.Ps.

Vs.

1.N.Ramkumar

.... 1^st respondent in C.R.P.(MD)No.2037/2022

1.Fathimuthu Hyer Nisha Beevi .... 1^st respondent in C.R.P.(MD)No.1221/2022

2.Deputy Registrar of Cooperative Societies, Office of Deputy Co-Operative Officer, Palayamkottai Road, Tiruchendur, Thoothukudi District.

Page 1 of 4

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

C.R..P.(PD)(MD)Nos.2037 & 1221 of 2022

3.Sub Registrar of Cooperative Societies/ Field Officer/, Arbitrator, EE 423, Udankudi Primary Agricultural Co-Operative Society, Udangudi, Tiruchendur Taluk, Thoothukudi District. ... Respondents 2 & 3 in both C.R.Ps.

PRAYER in C.R.P.(PD)(MD)No.2037/2022 : Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Learned Principal District Judge, Thoothukudi in CMA(CS) NO.15 of 2014 dated 01-04-2019 setting aside the order of Learned Sub Registrar/Field Officer/Arbitrator in Tha.Va No.124/2013-2014 dated 22-05-2014.

PRAYER in C.R.P.(PD)(MD)No.1221/2022 : Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Learned Principal District Judge, Thoothukudi in CMA(CS) NO.14 of 2014 dated 19.08.2019.

For Petitioner : Mr.N.Dilip Kumar (In both C.R.Ps) For R1 in C.R.P.(PD)(MD)No.2037/2022 : Mr.K.Gokul For R1 in C.R.P.(PD)(MD)No.1221/2022 : Mr.S.Raja Jeya Chandra Paul For R2 & R3 in both C.R.Ps. : Mr.R.Ragavendran, Government Advocate

_____________ Page 2 of 4_

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

C.R..P.(PD)(MD)Nos.2037 & 1221 of 2022

COMMON ORDER

It is represented by the learned counsel appearing for the petitioner that the first respondent in both these Civil Revision petitions herein have already settled the amount pursuant to the scheme introduced by the petitioner Society extending the time for repayment and accordingly, the loan amounts were settled finally.

2. In view of the same, the relief sought in these Civil Revision Petitions has become infructuous and accordingly, they are dismissed as having become infructuous. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

07.02.2025

Neutral Citation: Yes / No Index : Yes / No

vsm

Page 3 of 4

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

C.R..P.(PD)(MD)Nos.2037 & 1221 of 2022

MUMMINENI SUDHEER KUMAR, J.

vsm

To

1.Deputy Registrar of Cooperative Societies, Office of Deputy Co-Operative Officer, Palayamkottai Road, Tiruchendur, Thoothukudi District.

2.Sub Registrar of Cooperative Societies/ Field Officer/, Arbitrator, EE 423, Udankudi Primary Agricultural Co-Operative Society, Udangudi, Tiruchendur Taluk, Thoothukudi District.

C.R.P.(MD)Nos.2037 & 1221 of 2022

07.02.2025

_____________ Page 4 of 4_

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the orders of the Learned Principal District Judge, Thoothukudi in CMA(CS) No.15 of 2014 dated 01-04-2019 and CMA(CS) No.14 of 2014 dated 19.08.2019 ought to be set aside in exercise of jurisdiction under Article 227 of the Constitution of India.medium confidence¶20
The court held
On the representation of the learned counsel for the petitioner that the first respondents had already settled the loan amounts pursuant to the petitioner Society's scheme extending the time for repayment, the Court held that the relief sought in both Civil Revision Petitions had become infructuous and dismissed them as having become infructuous, closing the connected miscellaneous petitions and making no order as to costs.ratio¶28

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 227¶20

Procedural history

How this case reached the court

AI extract

Order under challenge
Orders passed by the Learned Principal District Judge, Thoothukudi — in CMA(CS) No.15 of 2014 dated 01-04-2019 (challenged in C.R.P.(PD)(MD)No.2037/2022), which set aside the order of the Learned Sub Registrar/Field Officer/Arbitrator in Tha.Va No.124/2013-2014 dated 22-05-2014 — and in CMA(CS) No.14 of 2014 dated 19.08.2019 (challenged in C.R.P.(PD)(MD)No.1221/2022).¶20
Principal District Judge, Thoothukudi · 01-04-2019 (CMA(CS) No.15 of 2014); 19.08.2019 (CMA(CS) No.14 of 2014)
Prior proceeding
Original order of the Learned Sub Registrar/Field Officer/Arbitrator in Tha.Va No.124/2013-2014 dated 22-05-2014, which was subsequently set aside in appeal.¶20
Prior proceeding
Appeal CMA(CS) No.15 of 2014 before the Learned Principal District Judge, Thoothukudi, decided on 01-04-2019, setting aside the Arbitrator's order; impugned in C.R.P.(PD)(MD)No.2037/2022.¶20
Prior proceeding
Order dated 19.08.2019 of the Learned Principal District Judge, Thoothukudi in CMA(CS) No.14 of 2014, sought to be set aside in C.R.P.(PD)(MD)No.1221/2022.¶21

Parties & counsel

AI extract

petitioner
Secretary, E.E.423, Udankudi Primary Agricultural Co-operative Credit Society Ltd., Udangudi, Tiruchendur Taluk, Thoothukudi District¶8
N.Dilip Kumar
respondent
N.Ramkumar¶12
K.Gokul
respondent
Fathimuthu Hyer Nisha Beevi¶14
S.Raja Jeya Chandra Paul
respondent
Deputy Registrar of Cooperative Societies, Office of Deputy Co-Operative Officer, Palayamkottai Road, Tiruchendur, Thoothukudi District¶15
R.Ragavendran
respondent
Sub Registrar of Cooperative Societies/ Field Officer/, Arbitrator, EE 423, Udankudi Primary Agricultural Co-Operative Society, Udangudi, Tiruchendur Taluk, Thoothukudi District¶19
R.Ragavendran

Coram

AI extract

MUMMINENI SUDHEER KUMARauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 7 Feb 2025 · February
Registered: 6 Oct 2022
Case no.: CRP(MD)/2037/2022
CNR: HCMD010534782022
Topic: Writ and Judicial Review
Bench: Mummineni Sudheer Kumar
Disposal: DISMISSED AS INFRUCTUOUS
Case type: C.R.P.(PD)(MD)

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Cite this judgement

Secretary v. N.Ramkumar, CRP(MD)/2037/2022 (MAD), decided on 7 February 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 227

View all statutes

Procedural history4

Orders passed by the Learned Principal District Judge, Thoothukudi — in CMA(CS) No.15 of 2014 dated 01-04-2019 (challenged in C.R.P.(PD)(MD)No.2037/2022), which set aside the order of the Learned Sub Registrar/Field Officer/Arbitrator in Tha.Va No.124/2013-2014 dated 22-05-2014 — and in CMA(CS) No.14 of 2014 dated 19.08.2019 (challenged in C.R.P.(PD)(MD)No.1221/2022).Principal District Judge, Thoothukudi · 01-04-2019 (CMA(CS) No.15 of 2014); 19.08.2019 (CMA(CS) No.14 of 2014)
Original order of the Learned Sub Registrar/Field Officer/Arbitrator in Tha.Va No.124/2013-2014 dated 22-05-2014, which was subsequently set aside in appeal.
Appeal CMA(CS) No.15 of 2014 before the Learned Principal District Judge, Thoothukudi, decided on 01-04-2019, setting aside the Arbitrator's order; impugned in C.R.P.(PD)(MD)No.2037/2022.

View full history

Bench / Coram

MUMMINENI SUDHEER KUMAR

Parties & counsel