← Library
Madras High CourtWP/12072/2016disposed of

J.Pandian, v. The Principal District Judge,

2025-10-31Honourable Mr.Justice K. Surender5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K. SURENDER and WMP.Nos.10440 & 10441 of 2016 J.Pandian, Petitioner(s) Vs

1. The Principal District Judge, Vellore District, Vellore 2.The Deputy Registrar of Co.Op. Societies (Dairying), Vallalar, Arcot Road, Vellore-9.

3.The Vellore-Thiruvannamalai District, Co.Op. Milk Producers Union Ltd, Rep. by its General Manager, Sathuvachary, Vellore.

4.The Tamil Nadu Co-operative Milk Producers Federation Ltd, Rep by its Managing Director, Aavin Illam, MM Colony, Chennai-51.

Respondent(s) PRAYER This Writ Petition is filed under Article 226 of Constitution of India seeking Writ o Certiorarified Mandamus to call for the records relating to the impugned order of the learned Principal Judge, Vellore, the first Respondent

herein dated 11.01.2016 passed in C.T.A. No.16 of 2011, quash the same and consequently direct the third Respondent herein to settle my terminal benefits withheld from 31.10.2010, the date of my retirement. For Petitioner(s):

M/s.T.P.Prabakaran For Respondent(s):

Mr.V.Umakanth for R1 , R2 and R4 Mr.R.Balaramesh for R3

ORDER

This Writ Petition is filed seeking to quash the impugned order dated 11.01.2016 made in C.T.A. No.16 of 2011 passed by the learned Principal Judge, Vellore and for a consequential direction to the third Respondent to settle petitioner's terminal benefits withheld from 31.10.2010 till the date of his retirement.

2. The petitioner has preferred this Writ Petition by invoking Article 226 of Constitution of India, challenging the order dated 11.01.2016 made in C.T.A. No.16 of 2011 passed by the Special Tribunal for Co-operative Cases. However, the Hon'ble Division Bench of this Court in W.A.No.4021 of 2019 ( E.S.Sundara Mahalingam vs. Special Tribunal for Cooperative Cases (District Judge)), reported in 2020 (1) CWC 417, held that a Writ Petition filed

under Article 226 of Constitution of India is not maintainable against an order passed by the Special Tribunal under Section 152 of the Tamil Nadu Cooperative Societies Act, 1983 and that only a petition under Article 227 of Constitution of India is maintainable. In view of the above judgment, this court holds that the present Writ Petition is not maintainable.

3. Accordingly, this Writ Petition is disposed of granting liberty to the petitioner to invoke jurisdiction under Article 227 of Constitution of India. No costs. Consequently, connected miscellaneous petitions are closed. K.SURENDER J.

31-10-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Principal District Judge, Vellore District, Vellore 2.The Deputy Registrar of Co.Op. Societies (Dairying), Vallalar, Arcot Road, Vellore-9.

3.The Vellore-Thiruvannamalai.

District, Co.Op. Milk Producers Union Ltd, Rep. by its General Manager, Sathuvachary, Vellore 4.The Tamil Nadu Co-operative Milk Producers Federation Ltd, Rep by its Managing Director, Aavin Illam, MM Colony, Chennai-51

K.SURENDER, J.

jai 31-10-2025