N.Ravichandran v. The Joint Registrar Of Cooperative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 31.07.2019
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.6509 of 2019 and W.M.P.No.7321 of 2019 N.Ravichandran
...Petitioner
Vs 1.Joint Registrar of Co-Operative Societies, Office of the Joint Registrar of Co-Operative Societies, 4th Floor, District Collectorate, Tiruppur- 641 604.
2.Deputy Registrar of Co-Operative Societies, Dharapuram Region, Dharapuram- 638 656 Tiruppur District.
3.The Special Officer, Kongal Nagaram Primary Agricultural Co-operative Credit Society, Kongal Nagaram, Madathukulam Taluk, Tiruppur District.
4.The Inspector of Police, Commercial Crime Investigation Wing (CCIW), Coimbatore.
(R4 impleaded vide order dt 09.04.2019 made in WMP.No.9910/19 in WP.No.6509/19) ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent made in Na.Ka.No.4007/2018/PA.A dated 13.12.2018 and quash the same and consequently direct the 1st respondent to issue suitable direction to the 3rd respondent to forthwith execute the discharge mortgage receipt in respect of the document No.2923/2015 registered on the file of the Sub Registrar, Gomangalam and return the original documents within the stipulated time.
For petitioner : Mr.N.Umapathi For R1 to R3 : Mr.D.Venkatachalam Additional Government Pleader For R4 : Mr.N.Inbanathan Additional Government Pleader
O R D E R
Heard the learned counsel for the petitioner and the learned Additional Government pleaders for the respondents.
2. The grievance of the petitioner herein is that he has availed loan from the 3rd respondent Society by mortgaging his title deed of the property. Despite discharging the loan and returned all the documents, the encumbrance of the Registrar Office has not been cancelled.
3. The learned Additional Government Pleader for the respondents would submit that due to grave malpractice and misuse of the funds by granting bogus loan, the 3rd respondent Society has become defunct and now brought under the control of Administrator. Further, a criminal case for misappropriation by disbursement of loan fraudulently is under investigation by the Commercial Crime Investigation Wing, Coimbatore. The 4th respondent who is investigating the offence is in the course of verifying the accounts and records. If there is no dues and no role in the crime by the petitioner herein, intimation will be given to the authorities regarding the discharge of mortgage. The 1st respondent has also informed this Court that the process of intimating the discharge of mortgage to the authorities will be done within a period of one month.
4. Recording the same, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Joint Registrar of Co-Operative Societies, Office of the Joint Registrar of Co-Operative Societies, 4th Floor, District Collectorate, Tiruppur- 641 604.
2.The Deputy Registrar of Co-Operative Societies, Dharapuram Region, Dharapuram- 638 656 Tiruppur District.
3.The Special Officer, Kongal Nagaram Primary Agricultural Co-operative Credit Society, Kongal Nagaram, Madathukulam Taluk, Tiruppur District.
4.The Inspector of Police, Commercial Crime Investigation Wing (CCIW), Coimbatore.
+1 cc to M/s.N.Umapathi,Advocate Sr.No.65306 +1 cc The Government Pleader Sr.No.65938 Writ Petition No.6509 of 2019 and W.M.P.No.7321 of 2019 AKM/ 29.08.19/ 3P- 7C /