M.Thahira Banu v. The Administrator

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN And W.M.P.Nos.28605 and 28606 of 2025 M.Thahira Banu ... Petitioner Vs.

The Administrator, Tamil Nadu Industrial Co-operative Bank Ltd., Chennai - 600 028.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the Managing Director, TAICO Bank, Chennai in his proceedings No.Pa.Aa/ Pa1/Jewel verification/2020-21 dated 03.05.2021 and quash the same and direct the respondent to reinstate the petitioner as Bank Inspector in TAICO Bank.

For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.P.Haribabu Government Advocate

O R D E R

Mr.P.Haribabu, learned Government Advocate takes notice on 1/4

behalf of the respondent. By consent, the writ petition is taken up for final disposal at the admission stage itself. 2.The instant writ petition has been filed challenging the order dated 03.05.2021.

3.The learned counsel appearing for the petitioner would submit that the impugned order is perverse and contrary to the available evidence.

4.However, such submission was strongly objected by the learned Government Advocate appearing for the respondent and he would contend that there is an appeal remedy available to the petitioner. It is well settled principle of law that whenever any appeal remedy is available unless the petitioner satisfy the triple test provided under the judgment of the Hon'ble Supreme Court in Whirlpool Corpn. v. Registrar of Trade Marks reported in (1998) 8 SCC 1, the writ petition is not maintainable.

5.In the case in hand, admittedly there is an alternative appeal remedy and apart from that the ground stipulated in judgment of the 2/4

Hon'ble Supreme Court in Whirlpool Corpn. v. Registrar of Trade Marks reported in (1998) 8 SCC 1, is not a defence before this Court. Hence this Court does not find any merits in the writ petition. 6.In the result, the writ petition is dismissed. However, petitioner is given liberty to prefer appeal. If any such appeal is filed by the petitioner, the appellate authority shall consider the same, upon its own merits and in accordance with law and pass orders, as expeditiously as possible.

No costs.

Consequently, connected miscellaneous petitions are closed.

15.07.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To The Administrator, Tamil Nadu Industrial Co-operative Bank Ltd., Chennai - 600 028.

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C.KUMARAPPAN,J.

pri And W.M.P.Nos.28605 and 28606 of 2025 15.07.2025 4/4