Madras High CourtWP(MD)/6308/2015dismissed

R 41, Srivilliputhur v. The District Judge /

2019-04-22Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.6308 and 6309 of 2015 and M.P.(MD)Nos.1,2 and 2 of 2015 R41. Srivilliputhur Agricultural Producers Co-operative Marketing Society Ltd., Srivilliputhur, Virudhunagar District Represented by its Managing Director A.Sudha ... Petitioner in both W.Ps.

Vs.

1. The District Judge/Co-operative Tribunal Srivilliputhur, Virudhunagar District.

2. The Deputy Registrar of Co-operative Societies, Srivilliputhur, 1, West Mada Street, Srivilliputhur, Virudhunagar District.

... Respondents in both W.Ps.

3.P.Bose ... 3rd Respondent in W.P.(MD)No.6308 of 2015 4.P.Lingasamy 5.M.Ayyasamy 6.V.Perumalsamy 7.K.Annamalai 8.N.Rengasamy 9.S.Mariappan 10.J.Booma 11.Vijayapadma ... 3 to 10 respondents in W.P.(MD)No.6309 of2015 PRAYER in W.P.(MD)No.6308 of 2015: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified, to call for the records of the impugned order passed by the first respondent in C.M.A.(C.S)No.19/2004, dated 27.11.2014 and quash the same as illegal.

PRAYER in W.P.(MD)No.6309 of 2015: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified, to call for the records of the impugned order passed by the first respondent in C.M.A.(C.S)No.20/2004, dated 27.11.2014 and quash the same as illegal.

For Petitioner : Mr.L.George Paul Anto (in both W.Ps.) For R1 & R2 : Mr.M.Rajarajan (in both W.Ps.) Government Advocate For R3 : Mr.M.E.Elango in WP(MD)No.6308/2015 For R3 to R5 : Mr.S.Venkatesh for Mr.A.Sivaji in WP(MD)No.6309/2015 For R7 : Dismissed COMMON ORDER I have already held in C.R.P.(MD)No.609 of 2017, dated 11.10.2018 that the order passed by the Co-operative Tribunal disposing of an appeal under Section 152(1)(9) of the Act against the surcharge proceedings under Section 87 of the Act will be exclusively amenable to the revisional jurisdictional under Article 227 of the constitution of India and a Writ Petition under Article 226 of the constitution of India will not be amenable. Therefore, these writ petitions are dismissed as not maintainable. The writ petitioner is of-course at liberty to file Civil Revision Petition under Article 227 of the constitution of India. No costs. Consequently, connected miscellaneous petitions are closed. sd/ Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The District Judge/Co-operative Tribunal Srivilliputhur, Virudhunagar District.

2. The Deputy Registrar of Co-operative Societies, Srivilliputhur, 1, West Mada Street, Srivilliputhur, Virudhunagar District.

Copy to:

The Section Officer, ER. Section, Madurai Bench of Madras High court, Madurai (to return the original orders along with the writ petition)

+1 CC to SPL GP ( SR-61784[F] dated 23/04/2019 ) +1 CC to Mr.M.E.ILANGO, Advocate ( SR-62016[F] dated 24/04/2019 ) +2 CC to Mr.GEORGE PAUL ANTO, Advocate SR-61952, 61951 W.P.(MD)Nos.6308 and 6309 of 2015 and M.P.(MD)Nos.1,2 and 2 of 2015 22.04.2019 rmi MK/17.05.2019/3P/8C