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Madras High CourtWP/15697/2012transfer cases

K.C.Subramani, v. The Deputy Registrar,

2022-07-22Honourable Mr Justice S. Sounthar2 pages

WP.No.15697 of 2012 S.SOUNTHAR, J.

In view of the judgment (MANU/TN/9686/2019)= 2020 1MLJ438 = 2020 (1) CWC417 in Writ Appeal No.4021 of 2019, a Writ Petition under Article 226 of Constitution of India is not maintainable against the order passed by the Cooperative Tribunal.

2. In the above Writ Appeal, the first bench of this Court opined that against an order passed by a Cooperative Tribunal, only a Writ / Revision under Article 227 of Constitution of India is maintainable and a Writ Petition under Article 226 of Constitution of India is not maintainable. Accordingly, treating an order passed in a Writ Petition filed under Article 226 of Constitution of India, as the one passed under Article 227, it was held an Intra Court Appeal was not maintainable and as a consequence, dismissed the Intra Court Appeal.

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S.SOUNTHAR, J.

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3. Following the law laid down in the above said decision, this Writ Petition is converted as Civil Revision Petition under Article 227 of Constitution of India.

4. Registry is directed to assign a new number and post the matter before the concerned Court.

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