W.A.No.2186 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2022
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.2186 of 2022
A.Divya .. Appellant
vs
1 The Branch Manager
The Salem District Central Cooperative Society
Gangavalli Branch, Salem District.
2 Ramesh .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 22.12.2021 passed in W.P.No.4944 of 2021.
For the Appellant : Mr.G.Mohammed Aseef
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice) This writ appeal has been directed against the impugned order dated 22.12.2021 passed in W.P.No.4944 of 2021, whereby the __________ Page 1 of 4 https://www.mhc.tn.gov.in/judis W.A.No.2186 of 2022 prayer of the writ petitioner/appellant herein for issuance of a writ of mandamus under Article 226 of the Constitution of India directing the first respondent to disburse the fixed deposit amount has been turned down.
2. A bare perusal of the order passed by the learned Single Judge shows that taking note of the fact the second respondent, who is the husband of the writ petitioner/appellant herein, had filed a suit, being O.S.No.296 of 2020, on the file of the Sub Court, Athur, to declare that the fixed deposit amount in the first respondent society belongs to him and to restrain the first respondent from disbursing the amount to the writ petitioner/ appellant herein, the writ petition was dismissed with liberty to the writ petitioner/appellant herein to file appropriate petition before the concerned court and work out the remedy in the manner known to law.
3. The petitioner/appellant herein and the second respondent are wife and husband, respectively. It is not in dispute that the __________ Page 2 of 4 https://www.mhc.tn.gov.in/judis W.A.No.2186 of 2022 second respondent filed a suit in O.S.No.296 of 2020 to declare that the fixed deposit amount belongs to him. When a suit is already pending in relation to the same subject-matter, in our considered opinion, the learned Single Judge has rightly dismissed the writ petition with liberty to the writ petitioner/appellant herein to work out the remedy before the court concerned in the manner known to law. We do not find any infirmity in the order passed by the learned Single Judge.
In such view of the matter, the writ appeal is dismissed. There will be no order as to costs.
(T.R., ACJ.) (P.D.A., J.)
23.09.2022
Index : Yes/No
sasi
To:
The Branch Manager
The Salem District Central Cooperative Society Gangavalli Branch, Salem District. __________ Page 3 of 4 https://www.mhc.tn.gov.in/judis W.A.No.2186 of 2022 T.RAJA, ACJ.
AND P.D.AUDIKESAVALU,J.
(sasi) W.A.No.2186 of 2022 23.9.2022 __________ Page 4 of 4 https://www.mhc.tn.gov.in/judis