A.Divya vs 2 Ramesh
2022 Latest Caselaw 15735 Mad

                                                                               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

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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

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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.

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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

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https://www.mhc.tn.gov.in/judis