Dismissed

The Tamil Nadu Secretariat Staff v. The Deputy Registrar of Co-operative Societies

Madras HC17 Dec 2019WP/33138/2019

Case brief

AI extract

What is this about?

The High Court dismissed writ petitions challenging orders of the Court of Small Causes acting as a Co-operative Tribunal. The court held that such orders are not amenable to writ under Article 226 and directed registry to de-register the petitions for filing as civil revisions under Article 227.

What did the court decide?

De-registration of writ petitions; return of papers to file as Civil Revision Petitions under Article 227 within 15 days.

The Tamil Nadu Secretariat Staff Vs The Deputy… — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Special Original Jurisdiction )

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Tuesday, the Seventeenth day of December Two Thousand Nineteen

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PRESENT

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THE HON`BLE MR JUSTICE P.D.AUDIKESAVALU

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WP Nos.33138, 33143, 33148, 33151,33156 33141, 33150, 33154, 33155, 33158, 33160 33201, 33205, 33212, 33214,33217, 33191, 33193,

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33199, 33203, 33207, 33210, 32976, 32982, 32986, 32997, 33000 and

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33003 of 2019

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and WMP Nos.33568, 33573, 33577, 33581,33589 33574, 33579, 33584,

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33590, 33594,33596, 33656, 33663, 33670, 33672 ,33674 33643,

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33651, 33653, 33658, 33664, 33666, 33415, 33419, 33424, 33428,

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33431, 33433 of 2019

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THE TAMIL NADU SECRETARIAT [PETITIONER IN ALL THE PETITIONS] STAFF CO.OPERATIVE HOUSING SOCIETY LTD., REP.BY T.ULAGANATHAN, PRESIDENT, HAVING OFFICE AT PLOT NO.105, SECRETARIAT COLONY, OKKIYAM THORAIPAKKAM, CHENNAI-600 097.

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1 THE DEPUTY REGISTRAR OF [1ST RESPONDENT IN ALL THE PETITIONS] CO-OPERATIVE SOCIETIES, NO.18, RAMANATHAN STREET, T.NAGAR, CHENNAI 600 017.

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2 V.RAJESWARI [2ND RESPONDENT IN WP.33138/19 & WMP.33568/19] Y.STEPHEN [2ND RESPONDENT IN WP.33143/19 & WMP.33573/19] K.RAMESH [2ND RESPONDENT IN WP.33148/19 & WMP.33577/19] D.KIRTHIRAJ [2ND RESPONDENT IN WP.33151/19 & WMP.33581/19] N.BASHEER AHMED [2ND RESPONDENT IN WP.33156/19 https://hcservices.ecourts.gov.in/hcservices/ & WMP.33589/19]

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2 A.DURAI	[2ND RESPONDENT IN WP.33141/19 & WMP.33574/19]
JENIFER DIVYA	[2ND RESPONDENT IN WP.33150/19 & WMP.33579/19]
JULIAN JOSEPH CROSS	[2ND RESPONDENT IN WP.33154/19 & WMP.33584/19]
BABY NAAZ SEBASTIAN	[2ND RESPONDENT IN WP.33155/19 & WMP.33590/19]
F.EZHUMPARITHI AROKIADOSS	[2ND RESPONDENT IN WP.33158/19 & WMP.33594/19]
CHANDRA BALU	[2ND RESPONDENT IN WP.33160/19 & WMP.33596/19]
2 R.SRIDHAR	[2ND RESPONDENT IN WP.33201/19 & WMP.33656/19]
K.SIVAKUMARI	[2ND RESPONDENT IN WP.33205/19 & WMP.33663/19]
J.SELVAM ABISHEKANATHAN	[2ND RESPONDENT IN WP.33212/19 & WMP.33670/19]
D.PRIYAMALINI	[2ND RESPONDENT IN WP.33214/19 & WMP.33672/19]
E.ANANDAN	[2ND RESPONDENT IN WP.33217/19 & WMP.33674/19]
2 B.SENTHILKUMAR	[2ND RESPONDENT IN WP.33191/19 & WMP.33643/19]
A.THILAGAM	[2ND RESPONDENT IN WP.33193/19 & WMP.33651/19]
V.KANNADASAN	[2ND RESPONDENT IN WP.33199/19 & WMP.33653/19]
R.ARUMUGAM	[2ND RESPONDENT IN WP.33203/19 & WMP.33658/19]
S.KAVITHA	[2ND RESPONDENT IN WP.33207/19 & WMP.33664/19]
D.VINOTHAMANI	[2ND RESPONDENT IN WP.33210/19 & WMP.33666/19]

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2 S.YESUPATHAM ... 2ND RESPONDENTS in WP No.32976 of 2019 https://hcservices.ecourts.gov.in/hcservices/

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2 R.RENUKADEVI. ... 2ND RESPONDENT in WP No.32982 of 2019 2 S.N.PANDIAN ... 2ND RESPONDENT in WP No.32986 of 2019 2 R.UMAPATHY ... 2ND RESPONDENT in WP No.32997 of 2019 2 B.NIKILA ... 2ND RESPONDENTS in WP No.33000 of 2019 2 A.JALALUDEEN ... 2ND RESPONDENTS in WP No.33003 of 2019

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Writ Petitions filed under Article 226 of the Constitution of India praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to

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1. WP No.33138 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the order dated 25/09/2019 in CMA No.81/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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2. WP No.33143 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the order dated 25/09/2019 in CMA No.84/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

¶25

3. WP No.33148 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the order dated 25/09/2019 in CMA No.80/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

¶27

4. WP No.33151 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the order dated 25/09/2019 in CMA No.82/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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5. WP No.33156 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the order dated 25/09/2019 in CMA No.83/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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https://hcservices.ecourts.gov.in/hcservices/

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6. WP No.33141 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the order dated 25/09/2019 in CMA No.75/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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7. WP No.33150 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the order dated 25/09/2019 in CMA No.66/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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WP No.33154 of 2019 issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the order dated 25/09/2019 in CMA No.65/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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9. WP No.33155 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the order dated 25/09/2019 in CMA No.78/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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WP No.33158 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the order dated 25/09/2019 in CMA No.59/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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WP No.33160 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the order dated 25/09/2019 in CMA No.67/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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12. WP No.33201 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the Order dated 25.9.2019 in CMA No.70 of 2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same

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13. WP No.33205 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the Order dated 25.9.2019 in CMA No.71 https://hcservices.ecourts.gov.in/hcservices/ of 2018 on the file of Chief Judge, Court Small Causes Chennai and

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quash the same

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14. WP No.33212 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the Order dated 25.9.2019 in CMA No.72 of 2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same

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15. WP No.33214 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the Order dated 25.9.2019 in CMA No.74 of 2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same

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16. WP No.33217 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the Order dated 25.9.2019 in CMA No.76 of 2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same

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17 WP No.33191 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the Order dated 25.9.2019 in CMA No.79 of 2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same

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18 WP No.33193 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the Order dated 25.9.2019 in CMA No.61 of 2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same

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19 WP No.33199 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the Order dated 25.9.2019 in CMA No.69 of 2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same

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20 WP No.33203 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the Order dated 25.9.2019 in CMA No.77 of 2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same

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https://hcservices.ecourts.gov.in/hcservices/

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21 WP No.33207 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the Order dated 25.9.2019 in CMA No.60 of 2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same

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22 WP No.33210 of 2019

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issue a writ of certiorari or any other appropriate writ, order or direction particularly in the nature of writ of certiorari Calling for the records relating to the Order dated 25.9.2019 in CMA No.73 of 2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same

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(23) WP No.32976 of 2019

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Calling for the records relating to the order dated 25/09/2019 in CMA No.57/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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(24)WP No.32982 of 2019

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Calling for the records relating to the order dated 25/09/2019 in CMA No.62/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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(25)WP No.32986 of 2019 Calling for the records relating to the order dated 25/09/2019 in CMA No.63/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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(26)WP No.32997 of 2019

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Calling for the records relating to the order dated 25/09/2019 in CMA No.64/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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(27)WP No.33000 of 2019

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Calling for the records relating to the order dated 25/09/2019 in CMA No.68/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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(28)WP No.33003 of 2019

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Calling for the records relating to the order dated 25/09/2019 in CMA No.85/2018 on the file of Chief Judge, Court Small Causes Chennai and quash the same.

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1 WMP No.33568 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.81/2018 on the file of Chief Judge, Court Small Causes Chennai pending disposal of the above writ petition

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https://hcservices.ecourts.gov.in/hcservices/

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2 WMP No.33573 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.84/2018 on the file of Chief Judge, Court Small Causes Chennai pending disposal of the above writ petition

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3 WMP No.33577 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.80/2018 on the file of Chief Judge, Court Small Causes Chennai pending disposal of the above writ petition

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4 WMP No.33581 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.82/2018 on the file of Chief Judge, Court Small Causes Chennai pending disposal of the above writ petition

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5WMP No.33589 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.83/2018 on the file of Chief Judge, Court Small Causes Chennai pending disposal of the above writ petition

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6. WMP No.33574 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.75/2018 on the file of Chief Judge, Court Small Causes pending disposal of the above writ petition.

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7. WMP No.33579 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.66/2018 on the file of Chief Judge, Court Small Causes pending disposal of the above writ petition.

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8. WMP No.33584 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.65/2018 on the file of Chief Judge, Court Small Causes pending disposal of the above writ petition.

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9. WMP No.33590 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.78/2018 on the file of Chief Judge, Court Small Causes pending disposal of the above writ petition.

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https://hcservices.ecourts.gov.in/hcservices/

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WMP No.33594 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.59/2018 on the file of Chief Judge, Court Small Causes pending disposal of the above writ petition.

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11. WMP No.33596 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.67/2018 on the file of Chief Judge, Court Small Causes pending disposal of the above writ petition.

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WMP No.33656 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25.9.2019 in CMA No.70 of 2018 on the file of Chief Judge, Court Small Causes Chennai therein pending disposal of the above writ petition

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WMP No.33663 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25.9.2019 in CMA No.71 of 2018 on the file of Chief Judge, Court Small Causes Chennai therein pending disposal of the above writ petition

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WMP No.33670 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25.9.2019 in CMA No.72 of 2018 on the file of Chief Judge, Court Small Causes Chennai therein pending disposal of the above writ petition

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WMP No.33672 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25.9.2019 in CMA No.74 of 2018 on the file of Chief Judge, Court Small Causes Chennai therein pending disposal of the above writ petition

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WMP No.33674 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25.9.2019 in CMA No.76 of 2018 on the file of Chief Judge, Court Small Causes Chennai therein pending disposal of the above writ petition

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https://hcservices.ecourts.gov.in/hcservices/

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17 WMP No.33643 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25.9.2019 in CMA No.79 of 2018 on the file of Chief Judge, Court Small Causes Chennai therein pending disposal of the above writ petition

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18 WMP No.33651 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25.9.2019 in CMA No.61 of 2018 on the file of Chief Judge, Court Small Causes Chennai therein pending disposal of the above writ petition

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19 WMP No.33653 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25.9.2019 in CMA No.69 of 2018 on the file of Chief Judge, Court Small Causes Chennai therein pending disposal of the above writ petition

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20 WMP No.33658 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25.9.2019 in CMA No.77 of 2018 on the file of Chief Judge, Court Small Causes Chennai therein pending disposal of the above writ petition

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21 WMP No.33664 of 2019 To grant interim stay of all further proceedings pursuant to the order dated 25.9.2019 in CMA No.60 of 2018 on the file of Chief Judge, Court Small Causes Chennai therein pending disposal of the above writ petition

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22 WMP No.33666 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25.9.2019 in CMA No.73 of 2018 on the file of Chief Judge, Court Small Causes Chennai therein pending disposal of the above writ petition

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(23)WMP No.33415 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.57/2018 on the file of Chief Judge, Court Small Causes Chennai therein

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(24)WMP No.33419 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.62/2018 on the file of Chief Judge, Court Small Causes Chennai therein

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(25)WMP No.33424 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.63/2018 on the file of Chief Judge, Court Small Causes Chennai therein

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https://hcservices.ecourts.gov.in/hcservices/

¶131

(26)WMP No.33428 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.64/2018 on the file of Chief Judge, Court Small Causes Chennai therein

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(27)WMP No.33431 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.68/2018 on the file of Chief Judge, Court Small Causes Chennai therein

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(28)WMP No.33433 of 2019

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To grant interim stay of all further proceedings pursuant to the order dated 25/09/2019 in CMA No.85/2018 on the file of Chief Judge, Court Small Causes Chennai therein respectively.

¶137

Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.AL.GANTHIMATHI, Advocate for the petitioner in all the petitions the court made the following order:-

¶138

The orders challenged in these batch of Writ Petitions have been passed by the Chief Judge, Court of Small Causes, Chennai as Co-operative Tribunal under Section 152 of the Tamil Nadu Cooperative Societies Act, 1983. The Hon'ble Supreme Court of India in Life Insurance Corporation of India vs. Nandhini J. Shah [(2018) 15 SCC 356] has held that judicial order of Civil Court is not amenable to Writ of Certiorari under Article 226 of the Constitution of India, but the same could be impeached in proceedings under Article 227 of the Constitution of India before the jurisdictional High Court.

¶139

In view of the aforesaid legal position, Registry is directed to de-register these Writ Petitions and return the papers to the Learned Counsel for the Petitioners so as to enable them to re-submit the same as Civil Revision Petitions under Article 227 of the Constitution of India with necessary requirements as per the rules within a period of 15 days from the date of collecting papers from the Registry.

¶140

The interim order of status quo granted by this Court on 27.11.2019 shall continue to be in force for a period of 30 days from the date on which the papers are returned to the Learned Counsel for the Petitioners by the Registry.

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Sub-Assistant Registrar ( Statistics / C.S. ) https://hcservices.ecourts.gov.in/hcservices/ High Court, Madras - 600 104.

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TO 1 THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.18, RAMANATHAN STREET, T.NAGAR, CHENNAI 600 017.

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2 THE CHIEF JUDGE,

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COURT OF SMALL CAUSES, CHENNAI

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C.C. to M/S.AL.GANTHIMATHI Advocate on payment of necessary charges

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Order

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in WP Nos.33138, 33143, 33148, 33151,33156 33141, 33150, 33154, 33155, 33158, 33160 33201, 33205, 33212, 33214,33217, 33191, 33193, 33199, 33203, 33207, 33210, 32976, 32982, 32986, 32997, 33000 and 33003 of 2019

¶148

and WMP Nos.33568, 33573, 33577, 33581,33589 33574, 33579, 33584, 33590, 33594,33596, 33656, 33663, 33670, 33672 ,33674 33643, 33651, 33653, 33658, 33664, 33666, 33415, 33419, 33424, 33428, 33431, 33433 of 2019

¶149

Date :17/12/2019

¶150

From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 13/01/2020 (IT)

¶151

https://hcservices.ecourts.gov.in/hcservices/

The Tamil Nadu Secretariat Staff v. The Deputy Registrar of Co-operative Societies

Case brief

What is this about?

What did the court decide?

The Tamil Nadu Secretariat Staff v. The Deputy Registrar of Co-operative Societies

Case brief

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