Brijesh Kumar Yadhav v. C.G.T/ H.S.G-50 M.R.F.Employees

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.21352 of 2021 and W.M.P.No.22598 of 2021 Brijesh Kumar Yadav .. Petitioner -Vs1.C.G.T/H.S.G-50 M.R.F.Employees Co-operative Housing Society Thiruvottiyur, Chennai - 600 019.

2.Sundaravadivelu Special Officer, M.R.F.Employees Cooperative Housing Society Thiruvottiyur, Chennai-600 019.

3.The General Secretary MRF Employees Union No.37, Pattinathar Kovil Street Thiruvottiyur, Chennai-600 019.

4.The Deputy Registrar Co-operative Societies (Housing) / Arbitrator, Vedachala Nagar Chengalpet-603 101.

5.The Registrar Co-operative Societies (Housing) No.48, Ritherdon Road Vepery, Chennai-600 007.

.. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records in Na.Ka.No.5142/2019/SAPA1

dated 07.06.2021 on the file of the 5th respondent and quash the same as illegal and against law.

For Petitioner : Mr.S.Ramesh Kumar For Respondents : Mr.Jayaprakash Government Advocate - for R1 Mr.A.Selvendran Government Advocate - for RR2 to 5

O R D E R

This writ petition has been filed challenging the order passed by the fifth respondent under Section 152 of the Tamil Nadu Cooperative Societies Act, 1983 (hereinafter called as 'the Act').

2. The Division Bench of this Court, in "E.S.Sundara Mahalingam -vs- Special Tribunal for Cooperative Cases (District Judge)" reported in 2020 (1) C.W.C. Page 417 has held that, as against the order passed by the Tribunal under Section 152 of the Act, only a revision will lie under Article 227 of the Constitution of India and a writ petition is not maintainable.

3. In view of the above, liberty is granted to the petitioner to file a Civil Revision Petition under Article 227 of the Constitution of India and challenge the order passed by the Tribunal.

4. This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KST

To 1.C.G.T/H.S.G-50 M.R.F.Employees Co-operative Housing Society Thiruvottiyur, Chennai - 600 019.

2.Sundaravadivelu Special Officer, M.R.F.Employees Cooperative Housing Society Thiruvottiyur, Chennai-600 019.

3.The General Secretary MRF Employees Union No.37, Pattinathar Kovil Street Thiruvottiyur, Chennai-600 019.

4.The Deputy Registrar Co-operative Societies (Housing) / Arbitrator, Vedachala Nagar Chengalpet-603 101.

5.The Registrar Co-operative Societies (Housing) No.48, Ritherdon Road Vepery, Chennai-600 007.

Copy To:

The Section Officer, V.R.Section, High Court, Madras.

+1cc to M/s.S.Ramesh Kumar, Advocate, S.R.No.52194 +1cc to the Government Pleader, S.R.No.52346 W.P.No.21352 of 2021 RSI(CO) SB(13/10/2021)