D.D.100-Kondamandapatti v. M.Jayachandran,

W.P.No.20703 of 2010 W.P.No.20703 of 2010 N.MALA, J.

It is submitted by the learned counsel for the petitioner that the writ petition is filed challenging the order dated 20.04.2010 passed in Civil Miscellaneous Appeal (Co-operative Societies) No.48 of 2007. Both the counsels submitted that this Court in E.S.Sundara Mahalingam Vs Special Tribunal for Co-operative Cases (District Judge), Tirunelveli and Others (2020 1 MLJ 438) held that the appropriate remedy would be under Article 227 of the Constitution of India and not under Article 226 of the Constitution of India. The said Judgment has been followed by this Court in W.P.Nos. 11590 of 2009 and 15293 of 2010.

2. In view of the same, this writ petition filed in terms of Article 226, is not maintainable, however by concurrence expressed by both Mr.M.S.Palaniswamy, learned counsel appearing for the petitioner and Mr.V.Nicholas appearing for the respondent, this matter be placed by the Registry before the appropriate portfolio/Judge after obtaining appropriate orders from the Hon'ble The Chief Justice.

N.MALA, J.

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W.P.No.20703 of 2010 (dsn)

3. In line with the aforesaid, let the process of numbering of the present writ petition as the Civil Revision Petition (CRP) take place expeditiously. The listing of the matter shall be subject to appropriate orders in this regard from the Hon'ble The Chief Justice. dsn 18.07.2022 W.P.No.20703 of 2010 18.07.2022 2/2 https://www.mhc.tn.gov.in/judis