Case Note & Summary
The appellant filed a writ petition, WP No. 29296 of 2023, before the High Court of Judicature at Madras, challenging a surcharge award dated 19.08.2023 passed under Section 87 of the Tamil Nadu Co-operative Society Act, 1983 by the District Registrar of Co-operative Societies. The learned Single Judge dismissed the writ petition on 29.11.2023, holding that the appellant had an alternative statutory remedy of appeal under Section 152 of the Act before the Special Tribunal for Co-operative Cases. Aggrieved, the appellant preferred the present writ appeal, WA No. 506 of 2025, seeking to set aside the dismissal. The Division Bench, after hearing arguments, observed that when a statutory appeal remedy is available under the Act, a writ petition under Article 226 is not entertainable, as disputed issues relating to facts and merits cannot be adjudicated by the writ court. The court emphasized that the appellant had to exhaust the statutory appeal mechanism. Consequently, the writ appeal was dismissed, the connected miscellaneous petition was closed, and no order as to costs was passed. The judgment reinforces the principle that availability of an efficacious alternative statutory remedy precludes the maintainability of a writ petition for factual and meritorious disputes.
Headnote
A) Cooperative Law - Alternative Remedy - Section 152, Tamil Nadu Co-operative Society Act, 1983 - The appellant challenged a surcharge award passed under Section 87 before the High Court under Article 226. Held that since a statutory appeal remedy is available under Section 152 before the Special Tribunal for Co-operative Cases, the writ petition is not maintainable as disputed questions of fact and merits cannot be adjudicated by the writ court. The writ appeal was dismissed, and the appellant was directed to pursue the statutory appeal. (Paras 2-4)
Issue of Consideration
Whether a writ petition challenging a surcharge award under Section 87 of the Tamil Nadu Co-operative Society Act, 1983 is maintainable when an alternative statutory appeal under Section 152 is available
Final Decision
The Writ Appeal stands dismissed; connected Miscellaneous Petition closed; no order as to costs.
Law Points
- availability of statutory appeal bars writ jurisdiction
- disputed facts not amenable to writ court
- statutory remedy must be exhausted before invoking Article 226
Case Details
2025 LawText (MAD) (02) 173
WA No. 506 of 2025 and CMP No. 4352 of 2025
S. M. Subramaniam, K. Rajasekar
Mr.Bala Ramesh for Mr.R.Suryaprakash (Appellant), Mr.B.Tamil Nidhi AGP (Respondent)
1.The Joint Registrar of Co-operatives Societies, Salem Region; 2.The Deputy Registrar of Co-operative Societies, Attur Region; 3.The Administrator, S.1210, Thumbal Primary Agricultural Cooperative Credit Society Ltd.
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Nature of Litigation
Writ Appeal against dismissal of writ petition challenging a surcharge award under the Tamil Nadu Co-operative Society Act, 1983.
Remedy Sought
Appellant sought to set aside the order dated 29.11.2023 in WP.No.29296 of 2023 and ultimately quash the surcharge award dated 19.08.2023.
Filing Reason
The writ petition was dismissed by the Single Judge on the ground of availability of alternative statutory remedy; the appellant challenged that dismissal.
Previous Decisions
The learned Single Judge dismissed WP.No.29296 of 2023 on 29.11.2023, holding that a statutory appeal under Section 152 of the TNCS Act against the surcharge award was available.
Issues
Whether a writ petition challenging a surcharge award under Section 87 of the Tamil Nadu Co-operative Society Act, 1983 is maintainable when an appeal under Section 152 is available.
Ratio Decidendi
When a statutory appeal remedy is available under Section 152 of the Tamil Nadu Co-operative Society Act, 1983 against a surcharge award under Section 87, a writ petition under Article 226 is not maintainable as the disputed issues relating to facts and merits cannot be adjudicated by the writ court. The appellant must exhaust the statutory appeal before the Special Tribunal for Co-operative Cases.
Judgment Excerpts
The writ petition was instituted challenging the surcharge award dated 19.08.2023 passed under Section 87 of the Tamil Nadu Co-operative Society Act, 1983
When statutory appeal remedy is contemplated under the Act, the petition is not entertainable, since the disputed issues relating to the merits cannot be adjudicated by the Writ Court relating to facts and merits.
Accordingly, this Writ Appeal stands dismissed. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.
Procedural History
The appellant filed WP.No.29296 of 2023 before the Madras High Court challenging a surcharge award dated 19.08.2023 passed under Section 87 of the Tamil Nadu Co-operative Society Act, 1983. The learned Single Judge dismissed the writ petition on 29.11.2023, referring to the availability of an alternative remedy of appeal under Section 152 of the Act. Against that order, the appellant preferred the present writ appeal, WA No. 506 of 2025, along with CMP No. 4352 of 2025. The Division Bench heard the appeal and dismissed it on 21.02.2025, upholding the Single Judge's view that the writ petition was not maintainable due to the existence of an efficacious statutory appeal.
Acts & Sections
- Tamil Nadu Co-operative Society Act, 1983: Section 87, Section 152
