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Madras High CourtWP/12786/2019disposed of

K.Maheswari v. The Joint Registrar Of Cooperative Societies,

2019-04-27Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 27.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.12786 of 2019 K.Maheswari

...Petitioner

Vs

1. The Joint Registrar of Cooperative Societies Salem Region, Salem -1.

2. The Deputy Registrar of Cooperative Societies Omalur Circle, Omalur, Salem District.

3. The Administrator S-777 Nangavalli Primary Agricultural Cooperative Credit Society Ltd., Nangavalli Post, Mettur Taluk, Salem District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus calling for the records relating to the order in Na.Ka.No.7231/2018/Sa/Pa dated 29.10.2018 passed by the first respondent to quash the same and to issue consequential directions to the first respondent to entertain the appeal dated 03.09.2018 of the petitioner, consider the same on merits and in accordance with law. For Petitioner : M/s.G.Punniakoti For Respondents: Ms.T.Girija, Government Advocate for RR1 to 3

O R D E R

The prayer in the writ petition is for issuance of a writ of Certiorarified Mandamus calling for the records relating to the order in Na.Ka.No.7231/2018/Sa/Pa dated 29.10.2018 passed by the first respondent to quash the same and to issue consequential directions to the first https://hcservices.ecourts.gov.in/hcservices/

respondent to entertain the appeal dated 03.09.2018 of the petitioner, consider the same on merits and in accordance with law.

2. The learned Government Advocate submitted that the petitioner is having the alternative remedy of filed appeal under Section 152 (1) (a) and (2) of the Tamil Nadu Cooperative Societies Act, 1983 and therefore, the Petitioner shall file statutory appeal before the Cooperative Tribunal.

3. Taking into consideration the above submission of the learned Government Advocate, coupled with the view that this court finds no error in the order passed by the first respondent, it is open to the petitioner to approach the concerned Tribunal to challenge the order dated 29.10.2018.

4. With the above observation the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar dpq To

1. The Joint Registrar of Cooperative Societies Salem Region, Salem -1.

2. The Deputy Registrar of Cooperative Societies Omalur Circle, Omalur, Salem District.

+1 cc to splGovernment Pleader (co-op)Sr.No. 4190 +1cc to M/s.G.Punniakoti , Advocate SR.No. 41023 W.P.No.12786 of 2019 A.SK(27/06/2019) https://hcservices.ecourts.gov.in/hcservices/