P.Chinnasamy vs The Presiding Officer
2023 Latest Caselaw 7562 Mad

                                                                           W.A.No.1374 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:     04.07.2023

                                                      CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                       AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                              W.A.No.1374 of 2023

                     P.Chinnasamy                                     ..    Appellant

                                                        Vs.

                     1. The Presiding Officer
                        Principal District Court/District Co-op.
                          Cases Appellate Tribunal
                        Coimbatore District.

                     2. The Deputy Registrar of Co-op.
                           Societies (Housing)
                        Coimbatore Circle
                        Coimbatore 641 002.

                     3. Cheran Co-operative Housing Society Ltd.
                        Rep. by its President
                        Cheran Nagar, Goundaempalayam
                        Coimbatore 641 029.                           ..    Respondents


                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 20.04.2022 made in W.P.No.11224 of 2014.



                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                  W.A.No.1374 of 2023



                                      For the Appellant         : Ms.N.Fidelia

                                      For the Respondents       : Mr.P.Muthukumar
                                                                  State Government Pleader
                                                                  for Respondents 1 & 2


                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Ms.N.Fidelia, learned counsel for the appellant

and Mr.P.Muthukumar, learned State Government Pleader for the

respondents 1 and 2.

2. The present appeal is filed against the order passed by the

learned Single Judge in writ petition bearing No.11224 of 2014

dated 20.04.2022. In the writ petition, the appellant was

challenging the order passed by the appellate authority under the

provisions of the Tamil Nadu Co-operative Societies Act.

3. We asked learned counsel for the appellant, on the last

date, as to how the intra-court appeal would be maintainable.

https://www.mhc.tn.gov.in/judis W.A.No.1374 of 2023

Today, learned counsel accedes to the fact that the present appeal

may not be tenable and requests that liberty be granted to the

appellant to assail the order of the learned Single Judge as may be

permissible under law.

4. In the light of that, the writ appeal is disposed of. The

appellant may assail the order passed by the learned Single Judge

as may be permissible under law. In that event, all contentions of

the appellant are kept open. There will be no order as to costs.

Consequently, C.M.P.Nos.13428 and 13429 of 2023 are closed.

                                                            (S.V.G., CJ.)                (P.D.A., J.)
                                                                            04.07.2023

                     Index            : Yes/No
                     Neutral Citation : Yes/No

                     kpl

                     To

                     1. The Presiding Officer

Principal District Court/District Co-op. Cases Appellate Tribunal Coimbatore District.

https://www.mhc.tn.gov.in/judis W.A.No.1374 of 2023

2. The Deputy Registrar of Co-op. Societies (Housing) Coimbatore Circle, Coimbatore 641 002.

https://www.mhc.tn.gov.in/judis W.A.No.1374 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl)

W.A.No.1374 of 2023

04.07.2023

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