The court rejected a petition for a writ of certiorari against a civil court order. Relying on Supreme Court precedent, the court directed the registry to de-register the writ and instruct the petitioner to file a civil revision petition under Article 227 instead.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction )
Thursday, the Second day of January Two Thousand Twenty
PRESENT
THE HON`BLE MR JUSTICE P.D.AUDIKESAVALU
WP No.31613 of 2019
and WMP.NO.31824/2019
A.SUBRAMANI [ PETITIONER IN BOTH THE PETITIONS]
Vs
1 THE DEPUTY REGISTRAR OF [ RESPONDENTS IN BOTH THE PETITIONS] CO-OPERATIVE SOCIETIES, (HOUSING), SALEM REGION, SALEM - 636016
2 THE MANAGEMENT, NO. S.1523. DR. AMBEDKAR SALEM CITY COOPERATIVE, HOUSE BUILDING SOCIETY LTD., SALEM - 636016
Writ Petitions under Article 226 of the Constitution of India praying that in the circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to issue a Writ of Certiorari
(1) Calling for the entire records relating to the impugned Decree and Judgement passed by the Learned Prl. District Judge, Salem in C.M.A.CS.No. 14 of 2012 dated 11.04.2019 confirming the impugned orders passed by the 1st respondent in his proceedings in Na.Ka.No. 1244/ 2008/ E dated 27.09.2012 and quash the same (in WP.31613/2019)and;
(2) To grant an Interim Stay of operation of all further proceedings pursuant to the impugned passing of the Decree and Judgement passed by the Learned Prl. District Judge, Salem in C.M.A.CS.No. 14 of 2012 dated 11.04.2019 confirming the impugned orders passed by the 1st respondent in his proceedings in Na.Ka.No. 1244/ 2008/ E dated 27.09.2012 (in WMP.31824/2019) pending disposal of the above WP.31613/2019 respectively.
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 MR.K.PREMKUMAR, Advocate for the petitioner and of MR.L.P.SHANMUGHA SUNDARA, SPECIAL GOVERNMENT PLEADER on behalf of the 1st Respondent the court made the following order:-
The order challenged in the Writ Petition has been passed by the Principal District Judge, Salem, as Co-operative Tribunal under Section 152 of the Tamil Nadu Co-operative 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.
-sd/-
02/01/2020 / TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
1 THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, (HOUSING), SALEM REGION, SALEM - 636016
2 THE MANAGEMENT, NO. S.1523. DR. AMBEDKAR SALEM CITY COOPERATIVE, HOUSE BUILDING SOCIETY LTD., SALEM - 636016
3 THE PRINCIPAL DISTRICT JUDGE, SALEM.
4 THE ASSISTANT REGISTRAR (AS) WRIT SECTION, HIGH COURT, MADRAS
5 THE ASSISTANT REGISTRAR (WRIT) WRIT SECTION, HIGH COURT, MADRAS 104.
The SPECIAL GOVERNMENT PLEADER, High Court, Madras
Order in WP.31613/2019 and WMP.31824/2019 Date :02/01/2020
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 08/01/2020 (IT)
1 issue framed by the court
Whether a writ of certiorari under Article 226 can lie against a judicial order of a civil court acting as a co-operative tribunal.
Colour shows how this judgement treated each authority
Life Insurance Corporation of India vs. Nandhini J. ShahReferred¶17
Life Insurance Corporation of India vs. Nandhini J. Shah [(2018) 15 SCC 356] · Who else cites this
3 provisions across 2 enactments
A.SUBRAMANI
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, (HOUSING), SALEM REGION
THE MANAGEMENT, NO. S.1523. DR. AMBEDKAR SALEM CITY COOPERATIVE, HOUSE BUILDING SOCIETY LTD.
P.D. AUDIKESAVLU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
