High CourtsDivision Bench(1934) 05 MAD CK 0032

Kulandavelu Pillai and Another vs Patta Muthu Mudaliar

Madras High Court · Decided on 2 May 1934 · Citation: AIR 1934 Mad 651 : (1934) 40 LW 506

HON’BLE JUDGES
Madhavan Nair, J

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Judgment

6 paragraphs · 141 words

Madhavan Nair, J.—In this case the question when an application has been made for reinstatement u/s 56(4), Local Poards Act, the

applicant can afterwards apply u/s 57 of the Act to the District Judge to restore him does not strictly speaking arise for the reason that the

application to the Board was made subject to the applicant''s right of proceeding u/s 57.

2.

Exhibit I should be treated as the respondent''s application to the Board as the other application was on record. Even otherwise, I am not

satisfied that the exercise by the respondent of his right u/s 56, Clause (4) would take away his right of applying to the Court u/s 57 of the Act.

There is no provision in the Act to show that the rights are alternative and not concurrent. The Civil Revision Petition is dismissed with costs.