R.Sundaram v. The Regitrar Of Co-Op
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2024 CORAM :
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P. No.14114 of 2023 R.Sundaram ... Petitioner Vs.
1.The Registrar of Co-op.Societies, N.V.N.Maligai, Kilpauk, Chennai - 10.
(Deleted as per order in WMP.No.13956 of 2024 dated 21.11.2024) 2.The Joint Registrar of Co-operative Societies, Krishnagiri Region, Krishnagiri District.
3.The Deputy Registrar of Co-operative Societies, Krishnagiri Circle, No.2A, KPK Complex, 4th Cross Street, Co-op.Colony, Krishnagiri - 635001. 4.Tmt.V.Koperum Devi 5.T.K.78, Anchoor Primary Agricultural Co-op. Credit Society Ltd., Anchoor Post, Bargur Taluk, Krishnagiri District - 635203.
... Respondents Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus, directing the respondents 1 to 3 to consider the representation dated 11.03.2022 and 27.03.2023 made by the petitioner herein and pass appropriate orders within stipulated time period as may be fixed by this Court.
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For Petitioner : Mr.T.Sundaravadanam For R1 to R3 : M/s.R.Anitha Special Government Pleader
O R D E R
This writ petition has been filed in the nature of Mandamus seeking a direction to the second respondent/the Joint Registrar of Co-operative Societies, Krishnagiri Region, Krishnagiri District, to consider the representation dated 11.03.2022 and further representation dated 27.03.2023 given by the petitioner and pass appropriate orders. 2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner is a member of T.K.78, Anchoor Primary Agricultural Coop. Credit Society Ltd. He has been a member for nearly about 33 years. He had borrowed cultivation loan on 11.07.1996. He claims that it has been repaid. He was under the impression that the loan amount had been discharged in full settlement. However, the fifth respondent had not given any fresh loan to the petitioner claiming that the loan availed by him in the year 1996 had not been discharged by him. It is under those circumstances, he had sent a representation seeking to reconcile the accounts and to hold that the earlier loan availed by him stood discharged. Page No.2 of 4
3.A direction is given to the second respondent to issue notice to the petitioner, examine the records relating to the advancement of the loan and repayment of the loan and thereafter, pass necessary orders on the representations. If the petitioner is found to have discharged all existing loans, then, if the petitioner is otherwise eligible and he applies for a fresh loan, the respondents may consider granting fresh loan to the petitioner herein. Till a decision is taken by the second respondent, the respondents may also examine the waiver scheme relating to the advancement of loan and examine whether the same also applies to the petitioner. The said directions are to be complied within a period of eight weeks from the date of receipt of a copy of this order.
4.Accordingly, the Writ Petition stands disposed of. No costs. sli 21.11.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No Page No.3 of 4
C.V.KARTHIKEYAN, J.
sli To 1.The Registrar of Co-op.Societies, N.V.N.Maligai, Kilpauk, Chennai - 10.
2.The Joint Registrar of Co-operative Societies, Krishnagiri Region, Krishnagiri District.
3.The Deputy Registrar of Co-operative Societies, Krishnagiri Circle, No.2A, KPK Complex, 4th Cross Street, Co-op.Colony, Krishnagiri - 635001. 4.T.K.78, Anchoor Primary Agricultural Co-op. Credit Society Ltd., Anchoor Post, Bargur Taluk, Krishnagiri District - 635203.
W.P. No.14114 of 2023 21.11.2024 (2/2) Page No.4 of 4