1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH W.A.(MD).Nos.199 and 200 of 2011 and M.P.Nos.1 and 1 of 2011 Q.531, Sivanthipatti Jaggaery Manufacture, & Milk Supply Co-operative Society, Mamsapuram, through its Special Officer. : Appellant/Writ Petitioner in W.A.(MD).No.199 of 2011 Q.351, Sivanthipatti Jaggaery Manufacture, & Milk Supply Co-operative Society, Mamsapuram, through its Special Officer. : Appellant/Writ Petitioner in W.A.(MD).No.200 of 2011 Vs. The District Consumers Disputes Redressal Forum, Virudhunagar District at Srivilliputhur. ..1st Respondent in Both Writ Appeals M.Ayyanar, S/o.Mariappah Nadar, 1, Meenakshi Thottam Street, Mamsapuram, Srivilliputhoor Taluk. ..2nd Respondent in WA(MD)No.199 of 2011 R.Mariappan, S/o.Ramiyah Nadar, Deby Ganapathy Nadar Street, Mamsapuram, Srivilliputhoor Taluk ..2nd Respondent in WA(MD)No.200 of 2011 Virudhunagar, Madurai, Dindigul Districts Palmgur Jaggry Sales Co-operative Society, 149, Kamarajar Salai, Madurai 9, Through its Assistant Director. ..3rd Respondent in Both Writ Appeals PRAYER: Writ Appeals is filed under Clause 15 of the Letters Patent against the Order dated 26.11.2010 made in W.P.(MD).Nos.9645 and 9646 of 2005 on the file of this Court. WP(MD)No.9645 OF 2005 : Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records pertaining to the order of the first respondent in C.O.P.No.23 of 2004, dated 20.01.2005. WP(MD)No.9646 of 2005 : Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to https://hcservices.ecourts.gov.in/hcservices/ 2 call for the records pertaining to the order of the first respondent in C.O.P.No.22 of 2004, dated 20.01.2005. For Appellants in Both WP's : Mr.T.Ravichandran For Respondents in Both WP's : Mr.R.Janakiramalu Special Government Pleader COMMON JUDGMENT [Common Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR, J] These Writ Appeals are directed against the orders dated 26.11.2010 made in W.P.(MD).Nos.9645 and 9646 of 2005. 2. The appellants herein filed the said Writ Petitions challenging the order dated 20.01.2005 passed by the District Consumers Disputes Redressal Forum. 3. A learned Single Judge, by order dated 26.11.2010, dismissed the said Writ Petitions filed by the appellants on the ground that the impugned orders under challenge in the Writ Petitions are appealable before the State Commission constituted under the Act. 4. In our considered opinion, the dismissal of the Writ Petitions on the ground of availability of alternative remedy is just and proper. The Supreme Court in the case of Orissa and others vs. Indian Explosives Ltd., reported in (2008) 3 SCC 688, CCT, held that when there is an effective alternative remedy of appeal available, a Writ Petition cannot be entertained. 5. In the case of S.B.Minerals vs. MSPL Ltd., reported in 2010 (1) CTC 119, the Supreme Court has reiterated that where remedy by way of appeal or revision is provided against the order impugned, the High Courts cannot exercise its discretionary power in such matters. In view of the above settled position of law, we do not find any merit in the Writ Appeals. The Writ appeals are dismissed. No costs. Consequently, connected Miscellaneous Petition are also dismissed. Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To 1.The District Consumers Disputes Redressal Forum, Virudhunagar District at Srivilliputhur. 2.The Assistant Director, Virudhunagar, Madurai, Dindigul Districts Palmgur Jaggry Sales Co-operative Society, 149, Kamarajar Salai, Madurai 9. NB COMMON JUDGMENT MADE IN akm/03.03.11 /2p-3c/ W.A.(MD).Nos.199 and 200 of 2011 AND MP(MD)NoS.1 AND 1 OF 2011 https://hcservices.ecourts.gov.in/hcservices/