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Madras High CourtWP/13596/2021disposed of

K.S.M.Ravichandran v. The Superintending Engineer

2021-07-01Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.No.13596 of 2021 W.M.P.No.14468 of 2021 K.S.M.Ravichandran ..Petitioner

Versus

1. The Superintending Engineer, CEDC/Central, Nungambakkam, Chennai - 600 034.

2. Ramanathapuram District Electricity Systems Employees Co-operative Thrift & Credit Society Ltd., Ramanathapuram Rep. by its President, TNEB Complex (2nd Floor) RTO Office Back, Collectorate Post, Ramanathapuram - 623 503.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 and 2 to furnish the details sought for under the letter dated 3.10.2019 by the petitioner relating to loan A/c No.810 maintained by the 2nd respondent and further direct not to deduct any amount from the salary of the petitioner towards loan A/c No.810 in favour of the 2nd respondent until furnishing such details.

For Petitioner : Mr.K.Krishnamoorthy For Respondents : Mr.P.R.Dilip Kumar for R1 No Appearance for R2 O R D E R This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents 1 and 2 to furnish the

details sought for under the letter dated 3.10.2019 by the petitioner relating to loan A/c No.810 maintained by the 2nd respondent and further direct not to deduct any amount from the salary of the petitioner towards loan A/c No.810 in favour of the 2nd respondent until furnishing such details. 2.The learned counsel for the petitioner states that the 2nd respondent issued a Demand notice asking the petitiioner to pay a sum of Rs.8,50,948/- The petitioner himself admitted that he has availed loan from Ramanathapuram District Electricity Systems Employees Co-operative Thrift & Credit Society Ltd., Ramanathapuram.

The petitioner also admitted that though the petitioner was paying monthly instalments for a period from August 2011 to September 2012, thereafter, due to the transfer of the petitioner to Chennai, there was no deduction from his salary. It is in the said circumstance, a sum of Rs.25,000/- is being deducted from the monthly salary of the petitioner as he has failed to make payments for a long period of about seven years. Upon receipt of the communication from the 2nd respondent, the petitioner submitted a representation to the 1st respondent to stop the deduction, as it was without informing the petitioner as to the amount due and the other particulars regarding the loan transaction.

3.Having regard to the admitted facts, this Court is unable to find any illegality in the petitioner asking not to deduct a sum of Rs.25,000/- even though the petitioner was asked to pay only a sum of Rs.10,000/- originally. The learned counsel for the petitioner submitted that the petitioner submitted a representation that the respondents shall not deduct the amount since the petitioner has not given any consent for such deduction.

4.The petitioner has not challenged the order directing deduction of sum of Rs.25,000/-. However, the petitioner has approached this Court for a direction to the respondents 1 and 2 to furnish the details sought for by the petitioner as per the letter dated 03.10.2019 relating to the loan amount maintained by the 2nd respondent.

5.Learned counsel appearing for the petitioner states that the petitioner will be satisfied if a direction is issued to the 2nd respondent to consider the petitioner's representation dated 03.10.2019.

6.Considering the limited scope of the prayer which is sought for in this Writ Petition, without expressing any opinion on the merits of the petitioner's representation, this writ petition is disposed of with a direction to the 2nd respondent to consider the representation of the petitioner

dated 03.10.2019 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. No Costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssr To

1. The Superintending Engineer, CEDC/Central, Nungambakkam, Chennai - 600 034.

2. Ramanathapuram District Electricity Systems Employees Co-operative Thrift & Credit Society Ltd., Ramanathapuram Rep. by its President, TNEB Complex (2nd Floor) RTO Office Back, Collectorate Post, Ramanathapuram - 623 503.

+1cc to M/s.K.Krishnamoorthy, Advocate, S.R.No.30484 W.P.No.13596 of 2021 W.M.P.No.14468 of 2021 JP-II(CO) RGA(05/08/2021)