T.Devaki vs The Deputy Registrar Of ...
2023 Latest Caselaw 13028 Mad

                                                                                     WA No.2394 of 2021

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED:   22.09.2023

                                                             CORAM

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

                                                        WA No.2394 of 2021

                     T.Devaki                                          : Appellant

                                  versus

                     1.The Deputy Registrar of Cooperative Societies,
                       Omalur Circle, Omalur, Salem

                     2.The Administrator,
                       S.777, Nangavalli Primary Agricultural
                        Cooperative Credit Society
                       Nangavalli, Mettur Taluk,
                       Salem District                         : Respondents


                     Prayer: Writ appeal filed under Clause 15 of the Letters Patent against
                     the order dated 01.07.2021 in WP No.19475 of 2020.


                     For the Appellant              :      Mr.C.Prakasam

                     For Respondent No.1            :      Mr.K.M.D.Muhilan,
                                                           Additional Advocate General

                     No appearance for the second respondent




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                  WA No.2394 of 2021

                                                           JUDGMENT

(Made by the Hon'ble Chief Justice)

Heard Mr.C.Prakasam, learned counsel for the appellant and

Mr.K.M.D.Muhilan, learned Additional Government Pleader for the first

respondent.

2. Under the impugned order, the learned single Judge has

refused to entertain the petition on the ground that the petitioner has

an alternate remedy under Section 152 of the Tamil Nadu Cooperative

Societies Act. In fact, instead of Section 152, the same ought to be

under Section 153 of the said Act.

3. The learned counsel for the appellant submits that the

appellant would avail the alternate remedy.

4. In light of that, the writ appeal stands disposed of with liberty

to the appellant to avail the alternate remedy, as may be permissible

under law. CMP No.15271 of 2021 is also closed.

https://www.mhc.tn.gov.in/judis WA No.2394 of 2021

5. In that event, all contentions on merits are kept open. The

appellant may seek the benefit of Section 14 of the Limitation Act.

                                                          (S.V.G., CJ.)                (P.D.A., J.)
                                                                          22.09.2023
                     Index                   : Yes/No
                     Neutral Citation        : Yes/No
                     tar


                     To

1.The Deputy Registrar of Cooperative Societies, Omalur Circle, Omalur, Salem

2.The Administrator, S.777, Nangavalli Primary Agricultural Cooperative Credit Society Nangavalli, Mettur Taluk, Salem District

https://www.mhc.tn.gov.in/judis WA No.2394 of 2021

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

(tar)

WA No.2394 of 2021

22.09.2023

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