A. Balakrishnan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06-12-2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.12751 of 2009 A.Balakrishnan ..

Petitioner -vs1.The Managing Director, Head Office, No.12, Thambusamy Road, Chennai-10.

2.The Special Officer/Secretary, Tamil Nadu Civil Supplies Corporation Staff Co-op. Thrift and Credit Society Ltd., II Floor, Chennai-1.

3.The Senior Regional Manager, Nellikuppam Road, Cuddalore.

..

Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, forbearing the respondents from initiating recovery action from the petitioner for the dues to be payable by Thiru Thiyagarajan and further direct the respondents to refund the amounts recovered from the petitioner.

For Petitioner - Mr.V.Raghavachari For Respondents- Mr.V.Selvanayagam, Standing Counsel for Civil Supplies Corporation.

ORDER

The relief sought for in this writ petition is for a direction to forbear the respondents from initiating recovery action from the writ petitioner for the dues to be payable by Thiru Thiyagarajan and further direct the respondents to refund the amounts recovered from the writ petitioner.

2. The learned counsel, appearing on behalf of the respondents, brought to the notice of this Court that the entire dues were collected and nothing is to be repaid by the principal borrower as well as the writ petitioner.

3. However, the learned counsel, appearing on behalf of the writ petitioner, brought to the notice of this Court that already some amount has been collected from the writ petitioner and the said amount is to be reimbursed. This Court is not clear about the loan transactions and the details of dues towards the respondents.

4. Thus, without going into the merits of the matter, the respondents are directed to consider the representation submitted by the writ petitioner and pass orders on merits and in accordance with law, as early as possible.

5. With this observation, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar Svn To 1.The Managing Director, Head Office, No.12, Thambusamy Road, Chennai-10.

2.The Special Officer/Secretary, Tamil Nadu Civil Supplies Corporation Staff Co-op. Thrift and Credit Society Ltd., II Floor, Chennai-1.

3.The Senior Regional Manager, Nellikuppam Road, Cuddalore.

+ 1 cc to Mr.V.Raghavachari Advocate,SR.86699 + 1 cc to Mr.V.Selvanayagam, Advocate,SR.87171 WP 12751 of 2009 NR 19/12/2017