N.Dhandapani v. The Presiding Officer
Case brief
What is this about?
The Court held that a Writ Petition under Article 226 of the Constitution of India against an order of the Cooperative Tribunal is not maintainable. Following a prior decision, the petition was converted into a Civil Revision Petition under Article 227 and directed to be posted before the concerned court.
What did the court decide?
Writ Petition converted into Civil Revision Petition under Article 227; matter directed to be posted before the concerned Court.
What the court decided
S.SOUNTHAR, J.
WP.No.24046 of 2015 and
M.P.No.1 of 2015
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.
S.SOUNTHAR, J.
1/2
dm
- Following the law laid down in the above said decision, this Writ
Issues for consideration
3 issues framed by the court
Whether a Writ Petition filed under Article 226 of the Constitution of India against an order of the Cooperative Tribunal is maintainable.
How to proceed when a Writ Petition under Article 226 is held not maintainable based on a prior decision of this Court.
Whether such a Writ Petition can be converted into a Civil Revision Petition under Article 227 of the Constitution of India.
Coram
S.Sounthar
Case details
As recorded by the court registry
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