S-425, Seeliyampatti Primary v. The Deputy Registrar or
Case brief
What is this about?
This court noted that a writ petition under Article 226 against a Cooperative Tribunal order is not maintainable, referencing prior precedent. The writ petition under Article 226 was consequently 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 under Art. 226 converted to Civil Revision Petition under Art. 227; directed to be posted before concerned court.
What the court decided
WP.No.6313 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.
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S.SOUNTHAR, J.
ub
- 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.
Coram
S. Sounthar
Case details
As recorded by the court registry
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