Madras High CourtWP/32221/2012disposed of

G.Nageswari, v. Joint Registrar Of

2017-08-29Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2017

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.32221 of 2012 & M.P.No.1 of 2012 G.Nageswari

...Petitioner

Versus

1. Joint Registrar of Co-operative Societies, Villupuram.

2. The Deputy Registrar of Co-operative Societies, Tirukovilur.

3. The Special Officer-I 648, Pukkiravari Primary Agricultural, Co-operative Bank Ltd., Pukkiravari Village & Post, Kalakurichi Taluk, Villupuram District.

.. Respondents Prayers: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of certiorarified mandamus to call for the entire records in pursuant to the letter dated 30.06.2012 issued to the petitioner by the 3rd respondent and quash the same in so far as refusing to pay the fixed deposit maturity amount of Rs.1,00,000/- to the petitioner is concerned and further direct the respondents to pay the maturity amount of Rs.1,00,000/- along with accrued interest from the fixed deposit maturity date of 24.03.2012 to the petitioner within a stipulated time.

For Petitioner : Mr.T.P.Prabakaran For RR1 & 2 : Ms.T.Girija, G.A.

For R3 : Mrs.T.P.Savitha

O R D E R

This petition has been filed to call for the entire records in pursuant to the letter dated 30.06.2012 issued to the petitioner by the 3rd respondent and quash the same insofar as refusing to pay the fixed deposit maturity amount of Rs.1,00,000/- to him and further direct the respondents to pay the maturity amount of Rs.1,00,000/- along with accrued interest from the fixed deposit maturity date of 24.03.2012 to him within

a stipulated time.

2. The learned counsel for the petitioner has submitted that the petitioner has invested a sum of Rs.10,993/- as fixed deposit in Pukkiravari Primary Agricultural, Co-operative Bank Ltd. for 15 years at the rate of 15% compound interest. After maturity period, the petitioner made several representations to the 3rd respondent to pay the matured amount, but the respondents refused to pay the maturity amount of Rs.1,00,000/- along with interest. Hence she filed the present petition before this Court.

3. The 3rd respondent has filed a counter affidavit stating that the major Co-operative Societies in Tamil Nadu had sustained heavy loss and hence, due to bona-fide reasons, they are not in a position to refund the deposit received under higher rate of interest and therefore they are ready to refund the deposit received from the depositors. Out of 17 persons, 15 received their deposited amount, but the petitioner was not paid the said amount.

4. In view of the above submissions made by the learned counsel for the 3rd respondent and the statement made in the paragraph 4 of the counter affidavit that they are ready to refund the deposit amount which was received from the petitioner, the 3rd respondent is directed to refund the fixed deposit amount to the petitioner as expeditiously as possible, preferably within a period of eight weeks form the date of receipt of a copy of this order and insofar as the disputed portion is concerned, liberty is granted to the petitioner to approach the concerned authorities under the provision of the Tamil Nadu Co-Operative Societies Act.

5. With the above observations and direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar pvs

1. The Joint Registrar of Co-operative Societies, Villupuram.

2. The Deputy Registrar of Co-operative Societies, Tirukovilur.

copy to The Special Officer I 648 Pukkiravari Primary Agricultural Co-operative bank Ltd, Pukiravari Village and Post, Kalakurichi Taluk Villupuram District +1 cc to M/s.Savitha Advocate sr 62548 +1 cc to M/s.Prabkaran Advocate sr 62929 +1 cc to Government Pleader sr 63038 W.P.No.32221 of 2012 & M.P.No.1 of 2012 mg(co) aa20/09/2017