Chief Justice Sanjay Kishan Kaul and Justice M. Sathyanarayanan disposed of the writ appeal holding that the statutory remedy under Section 90 of the Tamil Nadu Cooperative Societies Act must be exhausted before approaching the writ court regarding the concluded election process.
Writ appeal stands disposed of. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17-10-2014
CORAM
THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
WRIT APPEAL No.1253 of 2014
K.R.Bhoobalan .. Appellant/Petitioner vs 1.The Deputy Registrar of Co-operative Societies (Credit) Kuralagam, Chennai 600 108 2.The Cooperative Sub Registrar/ Authorized Officer for conducting Special meeting of the Board Chennai Port Trust Employees' Cooperative Bank Ltd., Old No.37 B, New No.110, Sembudoss Street, Chennai 600 011. .. Respondents/Respondents
Writ appeal preferred under Clause 15 of Letters Patent against the order dated 10.9.2014 made in W.P.No.24572 of 2014. Writ of certiorar calling for the records relating to the order passed by the 2nd respondent in his proceedings dt. 1.9.2014 of quash the same.
For Appellant : Mr.C.Munusamy For Respondents : Mr.L.P.Shanmugasundaram Special Government Pleader for RR1 & 2 Mrs.Nagsaila for non-impleading party JUDGMENT (Judgment of the Court was delivered by THE HON'BLE CHIEF JUSTICE)
In view of what has been noted on the last date of hearing, learned Counsel for appellant cannot dispute that there is a remedy under Section 90 of the Tamil Nadu Cooperative Societies Act. He, however, submits that since this appeal has been filed, this Court should examine the whole issue. We are not inclined to accept this plea for the reason that when the appeal remedy is available qua the election process, which stands concluded, it is best left for the https://hcservices.ecourts.gov.in/hcservices/ appeal remedy to be first exhausted. Thereafter only, the aggrieved party can approach the writ Court.
2.The writ appeal accordingly stands disposed of in terms of aforesaid. No costs.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
nsv
To:
1.The Deputy Registrar of Co-operative
Societies (Credit)
Kuralagam, Chennai 600 108
2.The Cooperative Sub Registrar/
Authorized Officer for
conducting Special meeting
of the Board
Chennai Port Trust Employees'
Cooperative Bank Ltd.,
Old No.37 B, New No.110,
Sembudoss Street,
Chennai 600 011.
+ 1 cc to D. Nagasaila, Advcoate SR.49990
+ 1 cc to M/s. C. Munusamy, Advcoate SR.49829
+ 1 cc to Government Pleader SR.49889
W.A.No.1253 of 2014
TS(CO)
Eu 7.11.14
2 issues framed by the court
Whether the writ appeal should be disposed of when an alternative statutory remedy under Section 90 of the Tamil Nadu Cooperative Societies Act is available for the election process.
Whether the aggrieved party must exhaust the statutory election remedy before approaching the writ court.
K.R.Bhoobalan
The Deputy Registrar of Co-operative Societies (Credit) Kuralagam, Chennai
The Cooperative Sub Registrar, Chennai Port Trust Employees' Cooperative Bank Ltd.
Sanjay Kishan Kaul
M.Sathyanarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
