The Court dismissed the writ petition under Article 226 of the Constitution of India challenging the appointment of an administrator under the Co-operative Societies Act, as the alternate remedy of appeal was available.
Writ petition dismissed with liberty to file an appeal under the Act; time excluded for pendency of writ.
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.
Writ Petition No.3026 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :14.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
Writ Petition No.3026 of 2023 WMP.No.3122 of 2023
T.Ramalingam President, Naduveerapattu Handloom Weavers' Production and Sales Society Ltd, No.1623, Naduveerapattu and Post, Cuddalore District.
... Petitioner
Vs 1.The Director of Handloom and Textiles, Kuralagam, Chennai.
2.The Joint Director of Handloom and Textiles, Kuralagam, Chennai.
3.Mr.Vasudevan, Managing Director, Naduveerapattu Handloom Weavers' Production and Sales Society Ltd, No.1623, Naduveerapattu and Post, Cuddalore District.
4.Mr.Ramesh, Superintendent, Office of the Joint Director of Handloom and Textiles, Tiruvannamalai, Tiruvannamalai District.
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Writ Petition No.3026 of 2023
5.P.Sundaramurthi,
Assistant, Naduveerapattu Handloom Weavers' Production and Sales Society Ltd, No.1623, Naduveerapattu and Post, Cuddalore District.
... Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorari, call for the records and quash the impugned proceedings of the 2 nd respondent passed in Na.Ka.No.14565/2021/H1, dated 16.12.2002.
For Petitioner : Mr.R.Gururaj
For Respondents : Mr.T.K.Saravanan Government Advocate for R1 to R3 Mr.S.Natarajan for R5 R4-Tapal due
O R D E R
This writ petition is filed challenging the order passed by the
2nd respondent appointing administrator to Naduveerapattu Handloom
Weavers Co-operative Production and Sales Society Limited, Cuddalore Taluk, under Section 88 (1) (i) (ii) of Co-operative Societies Act. Against the order impugned in this writ petition, an appeal shall lie under Section
152 (2) (a) (v) of Co-operative Societies Act.
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Writ Petition No.3026 of 2023
to entertain this writ petition. Accordingly, the writ petition is dismissed with liberty to the petitioner to file an appeal as provided under the Act.
the petitioner is entitled to exclude the time taken for prosecuting the writ petition before this Court i.e., from 24.01.2023 till the date of receipt of a copy of this order. The Registry is directed to hand over original impugned order to counsel for petitioner.
Consequently, connected miscellaneous petition is closed.
14.09.2023
Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No ub
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Writ Petition No.3026 of 2023
S.SOUNTHAR, J.
ub
To 1.The Director of Handloom and Textiles, Kuralagam, Chennai. 2.The Joint Director of Handloom and Textiles, Kuralagam, Chennai. 3.Mr.Vasudevan, Managing Director, Naduveerapattu Handloom Weavers' Production and Sales Society Ltd, No.1623, Naduveerapattu and Post, Cuddalore District.
4.Mr.Ramesh, Superintendent, Office of the Joint Director of Handloom and Textiles, Tiruvannamalai, Tiruvannamalai District. Writ Petition No.3026 of 2023 5.P.Sundaramurthi, Assistant, Naduveerapattu Handloom Weavers' Production and Sales Society Ltd, No.1623, Naduveerapattu and Post, Cuddalore District.
14.09.2023
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1 issue framed by the court
Whether the writ petition challenging the appointment of an administrator is maintainable in light of the alternative remedy provided under the Co-operative Societies Act.
2 provisions across 1 enactments
T.Ramalingam
Director of Handloom and Textiles, Kuralagam, Chennai
Joint Director of Handloom and Textiles, Kuralagam, Chennai
Mr. Vasudevan
Mr. Ramesh
P.Sundaramurthi
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
