S.421, Chennasamuthiram v. The Deputy Registrar of
Case brief
What is this about?
The Court held that a Writ Petition under Article 226 is not maintainable against a Cooperative Tribunal order. Following a prior precedent, the Writ Petition was converted into a Civil Revision Petition under Article 227. Registry was directed to assign a new number and post the matter before the concerned Court.
What did the court decide?
Directed Registry to assign a new number and post the matter before the concerned Court.
What the court decided
WP.No.12089 of 2016
S.SOUNTHAR, J.
In view of the judgment (MANU/TN/9686/2019)= 2020 1MLJ438 = 2020 (1) CWC417 in Writ Appeal No.4021 of 2019, a Writ Petitions under Article 226 of Constitution of India is not maintainable against the order passed by the Cooperative Tribunal.
- In the above Writ Appeal, the first bench of this Court
opined that against an order passed by a Cooperative Tribunal, only a Writ / Revision under Article 227 of Constitution of India is maintainable and a Writ Petition under Article 226 of Constitution of India is not maintainable. Accordingly, treating an order passed in a Writ Petition filed under Article 226 of Constitution of India, as the one passed under Article 227, it was held an Intra Court Appeal was not maintainable and as a consequence, dismissed the Intra Court Appeal.
1/2
S.SOUNTHAR, J.
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- Following the law laid down in the above said decision, this Writ Petition is converted as Civil Revision Petition under Article 227 of Constitution of India.
Issues for consideration
2 issues framed by the court
Whether a Writ Petition under Article 226 is maintainable against an order passed by a Cooperative Tribunal when judicial review is only available under Article 227.
Whether the pending Writ Petition should be converted into a Civil Revision Petition under Article 227.
Coram
S. Sounthar
Case details
As recorded by the court registry
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