Is a writ petition maintainable against an order under Section 87 of the Tamil Nadu Co-operative Societies Act where an appeal lies to the Special Tribunal?
Coram: Justice S.M.Subramaniam · Justice Krishnaswamy Govindarajan
A writ petition is not maintainable against an order under Section 87 where an appeal lies to the Special Tribunal.
No. A writ petition is not maintainable against an order under Section 87 where an appeal lies to the Special Tribunal. An appeal under Section 152 constitutes judicial proceedings before a judicial forum, the High Court cannot adjudicate disputed facts in surcharge proceedings, and a remedy under Article 227 lies only after that appeal is disposed of. (¶10, 11)
Tamil Nadu Co-operative Societies Act, 1983 — ss.81, 87, 152 — Statutory inquiry — Surcharge proceedings — Alternative remedy — Maintainability of a writ petition — Tamil Nadu Co-operative Societies Act, 1983 — s.81 — Order directing an inquiry — No cause of action — Held: An order directing a statutory inquiry is an internal departmental action and provides no cause of action; a writ seeking a copy of it is premature and not maintainable. (¶12, 13) Tamil Nadu Co-operative Societies Act, 1983 — s.81 — Three-fold consequential actions — Independent and simultaneous — Held further: Disciplinary proceedings, a criminal case and surcharge proceedings founded on an inquiry report are distinct, and no one of them is stalled by the pendency of another. (¶7, 8) Tamil Nadu Co-operative Societies Act, 1983 — ss.87, 152 — Efficacious alternative remedy — Article 227 only thereafter — Held further: A writ petition does not lie against an order under s.87, the remedy being an appeal to the Special Tribunal. Writ order set aside and appeal allowed. (¶10, 17)
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