K.C.Subramani, v. the Deputy Registrar
Case brief
What is this about?
The Court, citing a recent decision (MANU/TN/9686/2019), held that a writ petition under Article 226 is not maintainable against a Cooperative Tribunal order. Consequently, the present WP was converted into a revision petition under Article 227 and remitted to the concerned court.
What did the court decide?
The Writ Petition converted into a Civil Revision Petition under Article 227; matter remitted to the concerned Court with a new number.
What the court decided
A compact analysis
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.
WP.No.15697 of 2012
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 Petition 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.
dm
- 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
1 issue framed by the court
Whether a writ petition under Article 226 of the Constitution is maintainable against an order passed by the Cooperative Tribunal.
Coram
S.SOUNTHAR
Case details
As recorded by the court registry
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