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M.C.MADHAVAN, S/O. GOPALAN versus THE ASSISTANT REGISTRAR OF CO

High Court of Kerala

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M.C.MADHAVAN, S/O. GOPALAN v. THE ASSISTANT REGISTRAR OF CO-OPERATIVE - WP(C) No. 5642 of 2007(V) [2007] RD-KL 5668 (19 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5642 of 2007(V)

1. M.C.MADHAVAN, S/O. GOPALAN,
... Petitioner

Vs

1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE
... Respondent

2. THE THALASSERY TALUK,

3. P.MADHU,

For Petitioner :SRI.M.SASINDRAN

For Respondent :SRI.UNNIKRISHNAN.V.ALAPATT

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :19/03/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO. 5642 OF 2007

DATED THIS THE 19th DAY OF MARCH, 2007



JUDGMENT

The petitioner is challenging Ext.P7 order by which the Assistant Registrar of Co-operative Societies before whom A.R.C.No.827/04-05 filed by the 2nd respondent is pending, declining the request of the petitioner to conduct an enquiry into the genuineness of the mortgage deed stated to have been executed by the petitioner. Since the petitioner has an effective alternative remedy by way of filing a revision under Section 84 of the Kerala Co-operative Societies Act before the Co-operative Tribunal, I am not inclined to entertain this writ petition. Therefore without prejudice to the right of the petitioner to file a revision before the Tribunal against Ext.P7 order, this writ petition is dismissed. To enable the petitioner to move the Tribunal by way of filing a revision, the interim order granted by this Court would continue for a period of three weeks.

S. SIRI JAGAN, JUDGE

Acd


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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