High CourtsSingle Bench(1934) 05 MAD CK 0007

Kulandavelu Pillai, President Veeravanallur Panchayat Board and Another vs Patta Muthu Mudaliar

Madras High Court · Decided on 2 May 1934 · Citation: 152 Ind. Cas. 261

HON’BLE JUDGES
Madhavan Nair, J

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Judgment

6 paragraphs · 142 words

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

application to the Board was made subject to the applicant''s right of proceeding u/s 57. Exhibit 1 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. This Civil Revision Petition is dismissed with costs.