W.A.No.2150 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2022
Coram
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice D.BHARATHA CHAKRAVARTHY
W.A.No.2150 of 2022
and C.M.P.No.16035 of 2022
R.Pandiyan .. Appellant
Vs
1.The General Manager,
The Krishnagiri District Co-op. Milk Producers
Union Ltd.,
Kanagamutulu Post,
Salem Main Road, Krishnagiri Dt.,
Tamil Nadu-635 001.
2.The Manager(Administration),
Krishnagiri District Co-op. Milk Producers
Union Ltd.,
Salem Main Road,
Krishnagiri-635 001. ..Respondents
Appeal preferred under Clause XV of Letters Patent against the
order dated 28.07.2022 made in W.P.No.17105 of 2022.
For Appellant .. Mr.P.R.Thiruneelakandan
https://www.mhc.tn.gov.in/judis
W.A.No.2150 of 2022
JUDGMENT
(Delivered by PARESH UPADHYAY, J.)
1. Challenge in this appeal is made to the order dated 28.07.2022 recorded on group of writ petitions being W.P.Nos.17099, 17103, 17105 and 17108 of 2022. This appeal arises from W.P.No.17105 of 2022.
2. Learned Advocate for the appellant / writ petitioner has submitted that the dismissal of the writ petition is erroneous and the petition ought to have been entertained. It is noted that learned advocate for the appellant has also taken this Court extensively through the merits of the matter, however for the reasons, which are being noted hereinafter, the merits of the matter are not required to be gone into. It is noted that, learned single Judge has, following the decision of the Division Bench of this Court, ordered that the writ petition need not be entertained, since the respondents are the District Co-operative Milk Producers Union and that it is the appropriate authority under the statute before which, the writ petitioner needs to approach. We find that, refusal to exercise discretion on the ground of alternative remedy can not be said to be an error, much less any error https://www.mhc.tn.gov.in/judis W.A.No.2150 of 2022 apparent on the face of record, which would call for any interference under Clause 15 of Letters Patent. This appeal therefore needs to be dismissed.
3. It is also noted that, learned advocate for the appellant has also referred to some of the decisions, where discretion was exercised either by the learned single Judge or by the Division Bench of this Court. As noted above, on the face of the availability of alternative remedy, when learned single Judge has refused to exercise discretion, the same would not call for any interference. Since this appeal is not being entertained only on this ground, the merits of the matter are not gone into. Not entertaining this appeal is not to mean rejection of the case of the writ petitioner on merits.
4. This writ appeal is disposed of in above terms. No costs. Consequently, connected miscellaneous petition is closed.
(P.U.J.,) (D.B.C.J.,) 21.09.2022 Index:No raa/11 https://www.mhc.tn.gov.in/judis W.A.No.2150 of 2022 To
1.The General Manager, The Krishnagiri District Co-op. Milk Producers Union Ltd., Kanagamutulu Post, Salem Main Road, Krishnagiri Dt., Tamil Nadu-635 001.
2.The Manager(Administration), Krishnagiri District Co-op. Milk Producers Union Ltd., Salem Main Road, Krishnagiri-635 001.
https://www.mhc.tn.gov.in/judis W.A.No.2150 of 2022 PARESH UPADHYAY, J.
and D.BHARATHA CHAKRAVARTHY, J.
raa W.A.No.2150 of 2022 21.09.2022 https://www.mhc.tn.gov.in/judis