Case Note & Summary
The appellant, Mr. R. Thirumugam, filed a writ petition (W.P.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 by the District Registrar of Co-operative Societies. The single judge dismissed the writ petition on 29.11.2023, prompting the appellant to prefer the present writ appeal. The Division Bench, comprising Justices S.M. Subramaniam and K. Rajasekar, observed that under Section 152 of the Tamil Nadu Co-operative Society Act, 1983, the appellant is entitled to prefer a statutory appeal before the Special Tribunal for Co-operative Cases. The court held that when a statutory appeal remedy is available, the writ petition is not entertainable as disputed issues of fact and merit cannot be adjudicated in writ jurisdiction. Consequently, the writ appeal was dismissed, and the connected miscellaneous petition was closed, with no order as to costs.
Headnote
A) Administrative Law - Alternative Remedy - Maintainability of Writ Petition - Tamil Nadu Co-operative Society Act, 1983, Sections 87, 152 - The appellant challenged a surcharge award dated 19.08.2023 passed under Section 87 of the Tamil Nadu Co-operative Society Act, 1983 by filing a writ petition. The court noted that the appellant had a statutory appeal remedy under Section 152 of the Act before the Special Tribunal for Co-operative Cases. The writ court cannot adjudicate disputed issues of fact and merit when such an alternative statutory remedy exists. Held, the writ petition was not maintainable and the writ appeal was dismissed (Paras 2-4).
Issue of Consideration
Whether a writ petition is maintainable to challenge a surcharge award when a statutory appeal remedy under Section 152 of the Tamil Nadu Co-operative Society Act, 1983 is available to the aggrieved person.
Final Decision
Writ appeal dismissed. No order as to costs. Connected miscellaneous petition closed.
Law Points
- Writ petition not maintainable when statutory alternative remedy exists
- disputed issues of fact and merit cannot be adjudicated in writ jurisdiction
- aggrieved party must exhaust statutory appeal under Section 152 of Tamil Nadu Co-operative Society Act
- 1983
Case Details
2025 LawText (MAD) (02) 174
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 (Respondents)
1.The Joint Registrar of Co-operatives Societies, Salem Region, Salem 636 001. 2.The Deputy Registrar of Co-operative Societies, Attur Region, Attur, Salem District. 3.The Administrator, S.1210, Thumbal Primary Agricultural Cooperative Credit Society Ltd., Thumbal Post, Pethanaikanpalayam Taluk, Salem District 636 114.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ appeal against the dismissal of a writ petition challenging a surcharge award passed under Section 87 of the Tamil Nadu Co-operative Society Act, 1983.
Remedy Sought
To set aside the order dated 29-11-2023 passed in W.P.No.29296 of 2023 and consequently quash the surcharge award dated 19-08-2023.
Filing Reason
The appellant was aggrieved by the surcharge award and the dismissal of his writ petition by the single judge.
Previous Decisions
The single judge dismissed W.P.No.29296 of 2023 on 29-11-2023.
Issues
Whether the writ petition is maintainable when a statutory appeal remedy is available under Section 152 of the Tamil Nadu Co-operative Society Act, 1983.
Ratio Decidendi
When a statute provides for a right of appeal to a special tribunal, the writ court will not entertain a petition directly challenging the validity of the statutory order, especially when disputed questions of fact and merit are involved; the party must exhaust the statutory remedy before invoking extraordinary writ jurisdiction.
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.
Procedural History
The appellant filed W.P.No.29296 of 2023 challenging the surcharge award dated 19-08-2023. The writ petition was dismissed by the single judge on 29-11-2023. Aggrieved, the appellant filed the present writ appeal.
Acts & Sections
- Tamil Nadu Co-operative Society Act, 1983: 87, 152
