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Madras High CourtWP/17032/2021dismissed

N.Mohan v. The Presiding Officer

2024-10-25Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2024

CORAM

THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN W.P.No.17032 of 2021 and W.M.P. No.18053 of 2021 N.Mohan ... Petitioner Vs.

1.The Presiding Officer, District Co-operative Cases, Appellate Tribunal, Krishnagiri, Krishnagiri District.

2.The Deputy Registrar of Co-operative Societies, Krishnagiri Circle, Krishnagiri District.

3.Dharmapuri District Central Co-operative Bank, Dharmapuri.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records of the judgment vide Civil Miscellaneous Application No.23 of 2008 dated 26.11.2020 passed by the Principal District Judge, District Co-operative Cases Appellate Tribunal, Krishnagiri, the first respondent herein, quash the same insofar as the petitioner is concerned.

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For Petitioner :

Mr.R.Sethu Pandian For Respondents :

Mr.M.Rajendran, Additional Government Pleader for R1 & R2 Mr.M.S.Palanisamy for R3

ORDER

Challenging the order passed by the learned Principal District Judge, District Co-operative Cases Appellate Tribunal, Krishnagiri, the first respondent herein in C.M.A. No.23 of 2008 dated 26.11.2020, this writ petition has been filed.

2.The Hon'ble Division Bench of this Court has held in the case of E.S.Sundara Mahalingam v. Special Tribunal for Co-operative Case (District Judge) reported in 2020 (1) CWC 417 that the order passed by the Special Tribunal under Section 152 of the Tamil Nadu Co-operative Societies Act can be challenged by way of filing a Civil Revision Petition under Article 227 of the Constitution of India and the Writ Petition is not maintainable.

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3.In view of the above, this writ petition is not maintainable and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. The petitioner is at liberty to challenge the order passed by the Special Tribunal in the manner known under law, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected W.M.P. is closed.

25.10.2024 Index : Yes/No Speaking Order : Yes / No ab To 1.The Presiding Officer, District Co-operative Cases, Appellate Tribunal, Krishnagiri, Krishnagiri District.

2.The Deputy Registrar of Co-operative Societies, Krishnagiri Circle, Krishnagiri District.

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G.K. ILANTHIRAIYAN. J., ab W.P.No.17032 of 2021 and W.M.P. No.18053 of 2021 25.10.2024 4/4