M.Ramalingam v. The Registrar Of Co-Operative Society
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.No.6790 of 2025 M.Ramalingam
...Petitioner
-Vs1.The Registrar of Co-Operative Society, No.170, E.V.R. Periyar High Road, Kilpauk, Chennai - 600 010.
2.The Joint Registrar of Cooperative Societies, Tiruvannamalai Circle, Tiruvannamalai District.
3.The Deputy Registrar of Cooperative Societies, Tiruvannamalai Circle, Tiruvannamalai District.
4.The Sub Registrar/Field Officer, Cooperative Societies, Chetpet, Tiruvannamalai District.
1/8
5.The Secretary, The Primary Agricultural Co-operative Society Ltd., H.H. 567, Kelur, Polur Taluk, Tiruvannamalai District
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus, call for the records relevant to the orders in Na.Ka.1146/2022 Tho. Ve. Koo.Ka. Sa dated 10.05.2024 passed by the 3nd respondent and in Na.Ka.No.32008/2024/Sapal dated 28.07.2024 order passed by the 1st respondent and in Naka.4401/2024/ SaPa dated 04.12.2024 passed by the 2nd respondent and quash the same as illegal, improper, unreasonable, arbitrary and against the principles of natural justice and thereby direct the respondents to include the name of the petitioner in the jewel loan A/c No. 1426 waiver list based on the G.O.Ms.No.97, Cooperative, Food and Consumer Protection (CC1) Department dated 01.11.2021 and waive the same.
For Petitioner :
Mr.P.Gopalakrishnan For Respondents :
M/s.S.Jayanthi Additional Government Pleader for R1 to R4 Mr.Murali Government Advocate for R5 2/8
O R D E R
The writ petition has been filed to call for the records relevant to the orders in Na.Ka.1146/2022 Tho. Ve. Koo.Ka. Sa dated 10.05.2024 passed by the 3nd respondent and in Na.Ka.No.32008/2024/Sapal dated 28.07.2024 order passed by the 1st respondent and in Naka.4401/2024/ SaPa dated 04.12.2024 passed by the 2nd respondent and quash the same as illegal, improper, unreasonable, arbitrary and against the principles of natural justice and thereby direct the respondents to include the name of the petitioner in the jewel loan A/c No. 1426 waiver list based on the G.O.Ms.No.97, Cooperative, Food and Consumer Protection (CC1) Department dated 01.11.2021 and waive the same.
2.The learned counsel appearing for the petitioner submitted that the petitioner, an agriculturist, took a jewel loan of Rs.84,000/- on 20.07.2020 from the 5th respondent by pledging 5 sovereigns of gold (Loan A/C No. 1426). As per G.O.Ms.No.97, Co-operative Food and Consumer Protection 3/8
(CC1) Department dated 01.11.2021, he applied for a jewel loan waiver, but his request was rejected, citing a previously waived agricultural loan in 2021. However, an inquiry by the 4th respondent confirmed that the petitioner never availed any agricultural loan and recommended his inclusion in the waiver list. Despite this, the 3rd respondent rejected his request on 10.05.2024. The petitioner filed a revision before the 1st respondent on 22.07.2024, but on 28.07.2024, he was directed to submit it before the 2nd respondent with a fee, which he complied with on 08.08.2024. After sending a reminder on 11.09.2024, the 2nd respondent rejected his request again on 04.12.2024.
3.The learned Government Advocate appearing for the respondents 1 to 4 has filed status report dated 24.03.2023 wherein it is stated that the relevant paragraph extracted hereunder:
'' Currently, Mr. M. Ramalingam has filed a case in The Hon'ble Madras High Court, Case No.6178/2025, dated: 14.02.2025, seeking the above waiver. I humbly 4/8
submit that on reconsidering the petitioner's request a proposal has been sent to the Office of the Registrar of Cooperative Societies, Chennai by The Regional Joint Registrar, Tiruvannamalai via letter C.A.No.4130/2021/PACCS, dated:
20.03.2025 recommending the above jewel loan (Loan No. 1426) be waived and released at the earliest.''
4.Heard both side and perused the materials available on record. 5.In view of the above status report stating that the Regional Joint Registrar, Chennai/2nd respondent has forwarded the proposal via letter Na.Ka.No.4401/2024/SaPa dated 14.12.2024 to the Registrar, Co-operative Society, Chennai.
6.The Registrar of Cooperative Society /1st respondent is directed to consider the proposal forwarded to the 2nd respondent on merits and in accordance with law and taking into consideration in G.O.Ms. No.97 Cooperative, Consumer Protection (CC1) Department dated 01.11.2021 on 5/8
merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
7.Accordingly, the writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 26.03.2024 vsn Index : Yes / No Speaking / Non-Speaking Order To 1.The Registrar of Co-Operative Society, 6/8
No.170, E.V.R. Periyar High Road, Kilpauk, Chennai - 600 010.
2.The Joint Registrar of Cooperative Societies, Tiruvannamalai Circle, Tiruvannamalai District.
3.The Deputy Registrar of Cooperative Societies, Tiruvannamalai Circle, Tiruvannamalai District.
4.The Sub Registrar/Field Officer, Cooperative Societies, Chetpet, Tiruvannamalai District.
5.The Secretary, The Primary Agricultural Co-operative Society Ltd., H.H. 567, Kelur, Polur Taluk, Tiruvannamalai District 7/8
J.SATHYA NARAYANA PRASAD, J.
vsn and W.M.P.No.6790 of 2025 26.03.2024 8/8