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Madras High CourtWP(MD)/20402/2022dismissed

Suseela.B v. The Deputy Registrar Of Co-Operative Societies

2022-08-30Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.14792 of 2022 B.Suseela ... Petitioner Vs.

The Deputy Registrar Co-operative Societies, Lalkudi Circle, Lalkudi, Trichy District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the respondent in Na.Ka.No. 1695 / 2020 / Way.So.Sa dated 20.06.2022 quash the same as illegal, arbitrary and violation of Principles of Natural Justice.

For Petitioner : Mr.K.Sathiya Singh For Respondent : Mr.P.Thilak Kumar, Government Pleader.

ORDER

Heard the learned counsel on either side.

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2.What is under challenge is an order of surcharge passed under Section 87 of the Tamilnadu Cooperative Societies Act, 1983. As an rightly pointed out by the learned Government Counsel, it is an appealable order under Section 152 of the Act. The petitioner has an effective alternative remedy of filing an appeal before the Cooperative Tribunal, which is manned by a District Judge.

3.Leaving open the petitioner's rights and remedies and granting liberty to move the Cooperative Tribunal, the writ petition is dismissed. The Registry is directed to return the impugned order in original to the learned counsel for the writ petitioner after the same is substituted by a photocopy. No costs. Consequently, connected miscellaneous petition is closed. 30.08.2022 Index : Yes / No Internet : Yes/ No ias To:

The Deputy Registrar Co-operative Societies, Lalkudi Circle, Lalkudi, Trichy District.

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G.R.SWAMINATHAN, J.

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