Madras High Court
T.Panneerselvam vs Deorani Devi And Another on 27 July, 2023
2023:MHC:3541
W.A.No.1107 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2023
CORAM :
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.1107 of 2020
T.Panneerselvam .. Appellant
v.
1. Deputy Registrar of Cooperative Societies
Mannargudi Circle, Mannargudi Post
Tiruvarur District
2. The Special Officer
T.816, Tiruthuraipoondi Agricultural
Producers Cooperative Marketing
Society Ltd.,
Tiruthuraipoondi (Po) & (Tk) .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent, against the
order dated 03.02.2020 made in W.P.No.36740 of 2016.
For Appellant :: Mr.P.Anbarasan
For Respondents :: Mr.U.M.Ravichandran
Special Government Pleader for R1
Mr.L.P.Shanmugasundaram for R2
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W.A.No.1107 of 2020
JUDGMENT
(Judgment of the Court was made by D.KRISHNAKUMAR,J.)
The moot point that arises for consideration is whether, this intra-
Court appeal at the instance of the appellant/writ petitioner is maintainable
before this Court on the specific grounds raised by the appellant, as against
the impugned order passed by the learned single Judge rendering a
preliminary finding that the petition is entertained only under Article 227
and not under Article 226 of the Constitution of India, while testing the
correctness of the order passed by the Special Tribunal for Cooperative
Cases.
2. According to the appellant, since the order of the learned single
Judge exercising jurisdiction under Article 227 of the Constitution of India
has deprived the right of the appellant to file an intra-Court appeal before
this Court, as his remedy is only to approach the Hon'ble Supreme Court,
which is very expensive, the learned counsel, in a persuasive way, sought to
entertain this intra-Court appeal filed by the appellant and to decide the
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W.A.No.1107 of 2020
same on merits.
3. Per contra, the learned Special Government Pleader appearing for
the first respondent and the learned counsel appearing for the second
respondent have strongly objected to the said plea by stating that the
appellant has to workout his remedy only before the Hon'ble Supreme Court
as against the order under Article 227 of the Constitution of India and this
intra-Court appeal is not maintainable at all.
4. We have also perused the impugned order and the learned Judge, in
paragraphs 11 & 12, has observed as follows:-
“11. Further, the Hon'ble First Bench held
that in the given circumstances, if the writ petition
would be maintainable under Article 227 of the
Constitution of India, then the writ appeal against
the same under Letters Patent would not be
entertained by a Division Bench. On this prima
facie finding, the parties were given liberty to argue
the matter. After referring to the decision of the
Division Bench of the Patna High Court in the case
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W.A.No.1107 of 2020
of Vijayanand Puri vs. Deorani Devi and another,
reported in 2019 SCC Online Patna 1808,
whereunder the judgment of the Hon'ble Supreme
Court in the case of Rupa Ashok Hurrah vs. Ashok
Hurra, (2002) 4 SCC 388 and the view taken in
Surya Dev Rai vs. Ram Chander Rai, (2003) 6 SCC
675, that was later on overruled in the decision of
Radhey Shyam vs. Chhabi Nath, (2015) 5 SCC
423, it was held that the jurisdiction of this Court
while testing the correctness of an order passed by a
Special Tribunal chaired by a learned District Judge
could be exercised under Article 227 and the
petition could have been treated to be that under
Article 227 only. Accordingly, in the said case, the
writ appeal was held to be not maintainable.
12. In the light of the above decision, though
all the writ petitions have been filed under Article
226 of the Constitution of India, they are
entertained and are held to be petitions under
Article 227 of the Constitution of India. The
resultant position would be any one of the party
who is aggrieved by this order cannot maintain an
intra Court appeal before this Court. With this
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W.A.No.1107 of 2020
preliminary finding, the Court proceeds to examine
the rival contentions.”
5. In the light of the aforesaid preliminary finding rendered by the
learned single Judge, we are fully convinced with the objection raised by the
respondents that the writ appeal is not maintainable, in view of the fact that
the impugned order has been passed exercising jurisdiction under Article
227 of the Constitution of India. Therefore, the remedy for the appellant is
only to approach the Hon'ble Supreme Court, if so aggrieved, and he cannot
maintain the writ appeal before this Court. In that view of the matter, the
writ appeal stands dismissed as not maintainable. It is for the appellant to
workout his remedy before the appropriate forum, if so advised.
Consequently, C.M.P.No.13473 of 2020 is also dismissed. There shall be no
order as to costs.
(D.K.K.,J.) (P.B.B,J.)
Index : yes 27.07.2023
Neutral citation : yes
ss
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W.A.No.1107 of 2020
To
1. The Deputy Registrar of Cooperative Societies
Mannargudi Circle, Mannargudi Post
Tiruvarur District
2. The Special Officer
T.816, Tiruthuraipoondi Agricultural
Producers Cooperative Marketing
Society Ltd.,
Tiruthuraipoondi (Po) & (Tk)
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W.A.No.1107 of 2020
D.KRISHNAKUMAR,J.
AND
P.B.BALAJI,J.
ss
W.A.No.1107 of 2020
27.07.2023
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