Madras High CourtWA/1374/2023disposed of

P.Chinnasamy v. The Presiding Officer

2023-07-04Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Chinnasamy ..

Appellant Vs.

1. The Presiding Officer Principal District Court/District Co-op.

Cases Appellate Tribunal Coimbatore District.

2. The Deputy Registrar of Co-op.

Societies (Housing) Coimbatore Circle Coimbatore 641 002.

3. Cheran Co-operative Housing Society Ltd.

Rep. by its President Cheran Nagar, Goundaempalayam Coimbatore 641 029.

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 20.04.2022 made in W.P.No.11224 of 2014.

For the Appellant : Ms.N.Fidelia For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 & 2

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Ms.N.Fidelia, learned counsel for the appellant and Mr.P.Muthukumar, learned State Government Pleader for the respondents 1 and 2.

2. The present appeal is filed against the order passed by the learned Single Judge in writ petition bearing No.11224 of 2014 dated 20.04.2022. In the writ petition, the appellant was challenging the order passed by the appellate authority under the provisions of the Tamil Nadu Co-operative Societies Act.

3. We asked learned counsel for the appellant, on the last date, as to how the intra-court appeal would be maintainable.

Today, learned counsel accedes to the fact that the present appeal may not be tenable and requests that liberty be granted to the appellant to assail the order of the learned Single Judge as may be permissible under law.

4. In the light of that, the writ appeal is disposed of. The appellant may assail the order passed by the learned Single Judge as may be permissible under law. In that event, all contentions of the appellant are kept open. There will be no order as to costs. Consequently, C.M.P.Nos.13428 and 13429 of 2023 are closed. (S.V.G., CJ.) (P.D.A., J.) 04.07.2023 Index : Yes/No kpl To

1. The Presiding Officer Principal District Court/District Co-op. Cases Appellate Tribunal Coimbatore District.

2. The Deputy Registrar of Co-op. Societies (Housing) Coimbatore Circle, Coimbatore 641 002.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 04.07.2023