A. MURUGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Challenging the order passed in W.P.(MD)No.10955 of 2021, the writ petitioner has filed the above writ appeal.

(2.) The appellant filed the writ petition to issue a Writ of Certiorari, to call for the records pertaining to the impugned order dated 04.05.2021, along with another order dated 04.05.2021, passed by the third respondent and communicated by the fourth respondent on 16.06.2021 and to quash the same.

(3.) The learned Single Judge, taking into consideration the submissions made by the learned Counsel for the writ petitioner and the learned Government Advocate appearing for the respondents, found that there is no lack of jurisdiction or lack of opportunity and that the order passed by the third respondent is to be challenged on merits, by filing an appeal before the concerned authority under Section 152 of the Tamil Nadu Co-operative Societies Act, 1983. The appellant has got an effective and efficacious remedy under Section 152(2)(A)(V) of the Act, to file an appeal against the order passed under Section 137 of the Act. When the appellant has got an alternative remedy, by way of an appeal available to him under Section 152 of the Act, the learned Single Judge rightly declined to entertain the writ petition. Further, the learned Single Judge gave liberty to the appellant/writ petitioner to file an appeal against the impugned order passed by the third respondent, within a period of two weeks from the date of receipt of a copy of that order and also directed the appropriate authority to entertain the appeal, without rejecting the same on the ground of limitation.