R.Nepolian, S/O.S.Raman, v. M/S.Thiruvalluvar Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 24329 of 2018 M.Saleem ... Petitioner -vs1. M/s. Thiruvalluvar Transport Corporation Employees Co-operative Credit Society Rep. By its Secretary No.10, 23rd Street, Jai Nagar Arumbakkam, Chennai - 600106.

2. M/s. State Express Transport Corporation Ltd. Rep. By its Managing Director No. 2, Pallavan Salai, Chennai - 600002. ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the First Respondent and their subordinates in any way recovering not more than Rs. 8,105/- towards monthly installments for the loan obtained by the Petitioner from the 1st Respondent society and consequently direct the First Respondent to pay the excess amount of Rs. 93,577/- recovered from the salary of the petitioner during February 2018 to June 2018 with 14% interest. 1/5

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For Petitioner :

Mr. D.Soundar Raj For Respondents :

Mr. M.Vinoth (for R1) Mr. L.S.M.Hasan Fizal and Mr. S.Sivashanmugam (for R2)

O R D E R

Heard Mr. D.Soundar Raj, Learned Counsel for the Petitioner, Mr. M.Vinoth, Learned Counsel appearing for the First Respondent and Mr. S.Sivashanmugam and Mr. L.S.M.Hasan Fizal, Learned Counsel appearing for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed to restrain the First Respondent and their subordinates in any way recovering any amount exceeding Rs. 8,105/- towards monthly installments for the loan obtained by the Petitioner from the Co-operative Society of the First Respondent, and to consequently direct the First Respondent to pay the excess amount of Rs. 93,577/- recovered from the salary of the Petitioner during the period from February 2018 to June 2018 along with interest at the rate of 14% per annum. 3.

It has been brought to notice that after the repayment of the entire dues 3/5

for the said loans availed by the Petitioner from the Co-operative Society of the First Respondent, the Petitioner has been granted fresh loans for which recoveries from his salary is made at present. 4.

In view of the same, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition and he has made an endorsement to that effect in the court record.

In fine, the Writ Petition is dismissed as withdrawn. Consequently, connected Miscellaneous Petition is closed. No costs. 22.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 23.04.2024.

Maya To

1. The Secretary M/s. Thiruvalluvar Transport Corporation Employees Co-operative Credit Society No.10, 23rd Street, Jai Nagar Arumbakkam, Chennai - 600106.

2. The Managing Director M/s. State Express Transport Corporation Ltd. No. 2, Pallavan Salai, Chennai - 600002.

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P.D. AUDIKESAVALU, J.

Maya 22.02.2024 5/5