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Madras High CourtWP/9990/2023disposed of

Devendiran v. The Secretary

2023-03-31Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 31.03.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Devendiran ... Petitioner Vs The Secretary, II 587, A Kumaramangalam Primary Agricultural Cooperative Credit Society Pvt. Ltd, A Kumaramangalam, Ulundurpettai Taluk, Kallakurichi District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent to consider the petitioner representation dated 24.12.2022, return the petitioner's parent document No.3868/2012 for selling land situated at Neivanai Village which is not the subject matter of the property under hypothecation for the purpose of one time settlement of the petitioner's loan No.M-T-3, dated 17.11.2015. For Petitioner : Mr.G.Anabaya Chozhan For Respondents : Mr.K.Suresh Government Advocate

O R D E R

Mr.K.Suresh, learned Government Advocate accepts notice for the respondent and is given a copy of the papers from the Court bundle. He is thus served.

2. The limited prayer of the petitioner is for a mandamus directing the respondent/Secretary, II 587, Primary Agricultural Cooperative Credit Society Pvt. Ltd, A Kumaramangalam to consider the petitioner's representation dated 24.12.2022 for return of the parent document bearing No.3868/2012 relating to land situated at Neivanai Village.

3. Mr.K.Suresh, learned Government Advocate, on instructions, would accede to the position that the representation has been received by the respondent and he has no objection to this Court directing the respondent to dispose the same within the time fixed by this Court.

4. Hence, mandamus is issued to the respondent to hear the petitioner and decide the representation in accordance with law and in accordance with terms of the loan availed by the petitioner, within a period of six weeks (6) from date of receipt of copy of this order.

5. This Writ petition is disposed as above. No costs. 31.03.2023 Index : Yes / No Speaking Order sl To The Secretary, II 587, A Kumaramangalam Primary Agricultural Cooperative Credit Society Pvt. Ltd, A Kumaramangalam, Ulundurpettai Taluk, Kallakurichi District.

Dr.ANITA SUMANTH,J.

Sl 31.03.2023