E.Kalaiselvi, v. The George Town

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2017 CORAM :

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No. 7036 of 2017 E.Kalaiselvi .. Petitioner Vs.

The George Town Co-operative Bank Ltd., Dr.P.Natesan Building 62/2, Krishnappa Agraharam Street, Chennai-79. .. Respondent PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondent to dispose of the representation dated 31.3.2016 given to the respondent and pass further orders.

For Petitioner : Mr.K.Gajendiran For Respondent : Mr.R.Bala Ramesh Additional Government Pleader

ORDER

This Writ Petition has been filed seeking to direct the respondent to dispose of her representation dated 31.3.2016 given to the respondent.

2. Learned counsel for the petitioner submitted that the petitioner obtained a mortgage loan of Rs.4,50,000/- on 05.03.2004 from the respondent. Although the petitioner had paid a sum of Rs.3,50,000/-, without giving proper credits, the respondent referred the matter to the Registrar of Co-operative Societies. On 16.05.2006, the Registrar of Co-operative Societies passed an award directing the petitioner to pay a sum of Rs.4,91,090/- with an interest at the rate of 16% per annum. Subsequently, the respondent issued a notice stating that the petitioner had to pay a sum of Rs.9,60,222/- being the principal and interest, within 15 days from the date of notice, failing

which the said property will be brought to sale by public auction. The petitioner filed W.P. No. 5742 of 2016 before this Court, challenging the Award dated 16.05.2006. This Court by its order 17.02.2016, directed the petitioner to pay the principal amount of Rs.4,11,932/- and approach the respondent regarding waiver of interest. Pursuant to the order of this Court, the petitioner paid a sum of Rs.4,11,932/- to the respondent on 28.03.2016 and submitted her representation dated 31.03.2016 requesting the respondent to grant waiver in the interest amount of Rs.2,11,246/-.

3. Without replying to the said representation, the respondent issued a notice dated 31.03.2017 to the petitioner, calling upon her to pay a sum of Rs.6,23,178/-. The grievance of the petitioner is that, without passing any orders on her representation, the respondent has issued the notice. Therefore, the petitioner has filed the present writ petition seeking to direct the respondent to dispose of her representation dated 31.03.2016.

4. Learned Additional Government Pleader appearing for the respondent Bank would submit that the petitioner has not filed any acknowledgement, to prove that she has submitted the said representation to the respondent Bank. As per the instructions from the Bank, no representation has been received by the Bank. Therefore, the prayer in the writ petition cannot be granted.

5. In view of the above submission of the learned counsel for the parties, this Court is not inclined to grant any relief in the present writ petition. However, liberty is granted to the petitioner to make a fresh representation to the respondent Bank, if so advised, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondent shall consider the same in the light of the earlier order passed by this Court in W.P. No. 5742 of 2016 dated 17.02.2016 and pass appropriate orders. Till then, the respondents are directed to defer the sale proceeds.

6. The Writ Petition is dismissed, with the above direction. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar avr

To The George Town Co-operative Bank Ltd., Dr.P.Natesan Building 62/2, Krishnappa Agraharam Street, Chennai-79.

+1cc to Mr.K.Gajendiran, Advocate, S.R.No.46328 W.P. No. 7036 of 2017 AR(CS V) CS/28/08/17