A.Shanthi v. The Joint Registrar Of Co-Operative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2023 CORAM :

The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.2679 of 2023 A. Shanthi .. Petitioner vs

1. The Joint Registrar of Co-operative Societies, Villupuram Region, Near Collectorate, Villupuram,

2. The Deputy Registrar of Co-operative Societies, Tindivanam Circle, Tindivanam,

3. The President, Gingee Primary Agricultural Co-operative Credit Society, Gingee, .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondents to extend the benefits of the jewel loan waiver scheme by return back the petitioner's Thali to the petitioner.

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For Petitioner :

Ms.N.Karpagalakshmi for Mr.C.Prakasam For Respondents :

Mr.S. Ravikumar, Spl. Govt. Pleader for R1 & R2 Mrs.N.Senthilselvi, Government Advocate for R3

ORDER

By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.

2. Mr.S. Ravikumar, learned Special Government Pleader accepts notice for the respondents 1 and 2 and Mrs.N.Senthilselvi, learned Government Advocate accepts notice for the 3rd respondent.

3. This writ petition has been filed for a Mandamus seeking for a direction to the respondents to extend the benefits of the Jewel Loan waiver scheme to the petitioner, within a time frame to be fixed by this Court.

4. According to the petitioner, she has pledged Jewels with the third respondent Society and availed a loan. It is the case of the petitioner that the Government introduced a scheme for Jewel Loan waiver. The petitioner claims that she has pledged Jewels, weighing 40 grams gold chain with the third respondent Society and has not exceeded the maximum limit prescribed under the Government Order enabling 2/5

persons to avail Jewel loan wavier. The petitioner has given a representation on 12.07.2022 to the first respondent requesting them to extend the benefits of Jewel Loan waiver scheme and return back the petitioner's jewels which were pledged with the 3rd respondent Society. Since the representation has not been considered, till date, she has filed this writ petition.

5. Heard Ms.N.Karpagalakshmi, learned counsel for the petitioner; Mr.S. Ravikumar, learned Special Government Pleader for the respondents 1 and 2 and Mrs.N.Senthilselvi, learned Government Advocate for the 3rd respondent.

6. According to the learned Special Government Pleader appearing for the respondents, the petitioner is not entitled to get the benefit of Jewel Loan waiver scheme as the jewels pledged by the petitioner has exceeded 40 grams. However, the same is disputed by the learned counsel for the petitioner, who would submit that the petitioner is entitled to avail the benefits of the jewel loan waiver scheme.

7. No prejudice would be caused to the respondents, if the petitioner's representation as stated supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court. 3/5

8. For the foregoing reasons, this Court directs the first respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 12.07.2022 seeking for getting the benefit under the Jewel Loan waiver scheme and for return of her pledged jewels, within a period of eight weeks from the date of receipt of a copy of this order.

9. With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 01.02.2023 Index:Yes/No vsi2 To

1. The Joint Registrar of Co-operative Societies, Villupuram Region, Near Collectorate, Villupuram,

2. The Deputy Registrar of Co-operative Societies, Tindivanam Circle, Tindivanam, 4/5

ABDUL QUDDHOSE, J.

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3. The President, Gingee Primary Agricultural Co-operative Credit Society, Gingee, W.P. No.2679 of 2023 01.02.2023 5/5