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Madras High CourtWP/16949/2024disposed of

C.Veerasamy v. The Joint Registrar Of Cooperatives

2024-06-27Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.16949 of 2024 C. Veerasamy .. Petitioner

Versus

1. The Joint Registrar of Cooperatives, Office of the Joint Registrar Cooperatives, Collectorate Office Compound, Thiruvarur, Thiruvarur District.

2. The Deputy Registrar, Office of Deputy Registrar Co-operatives, Collectorate Office Compound,Thiruvarur Thiruvarur District.

3. The Secretary, On -73, Tamil Nadu Electricity Board, Employees Cooperative Thrift and Credit Society, Thiruvarur.

...Respondents

Prayer: This petition is filed under article 226 of the Constitution of India to issue a writ of Mandamus directing the Respondents more 1/6

particularly to the 3rd respondent to return the deposit amount of the petitioner immediately along with interest based on the representation of the petitioner dated 21.03.2024 and pass orders. For Petitioner : Mr.V. Kasinatha Bharathi For Respondents 1 and 2 : Mr. P. Ganesan Additional Government Pleader For Respondent 3 : Mr.A.M. Ayyadurai Government Advocate

ORDER

This petition is filed to seeking to issue a writ of Mandamus directing the Respondent more particularly to the 3rd respondent to return the deposit amount of the petitioner immediately along with interest based on the representation of the petitioner dated 21.03.2024 and pass orders

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

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3. The facts of the case is that the petitioner is a retired employee of the Electricity Board and member of the 3rd respondent Co-operative Sangam. He had borrowed loan from the said Sangam. The procedure adopted by the said sangam is that while granting loan they will retain certain percentage of loan amount as deposit amount. Likewise the petitioner borrowed a sum of Rs.4,00,000/- and they retained a sum of Rs.40,000/- as deposit amount. The petitioner has now re-paid the entire borrowed amount, inspite of the same the 3rd respondent has not refunded the said deposit amount. Hence the petitioner gave representation to the 3rd respondent on 21.03.2024. However, there is no response till date. Hence, this petition.

4. The learned counsel for the petitioner submitted the 3rd respondent is duty bound to return the deposited amount immediately after their superannuation and the petitioner is now superannuated. He further submitted that the petitioner was made to run from pillar to post to realize his hard earned money. He also submitted that it would be suffice if this Court issues a direction to the 3rd respondent to consider the petitioner's representation and pass orders.

5. The learned Government Advocate appearing for the third 3/6

respondent submitted that they will return the deposited amount to the petitioner within the end of July month.

6. In the result, this writ petition is disposed of with a direction to the third respondent to return the amount due to the petitioner with 4% interest within a period of four weeks from the date of receipt of copy of this order. No order as to costs.

27.06.2024 Speaking order : Yes/No Index : Yes/No smn To 4/6

1. The Joint Registrar of Cooperatives, Office of the Joint Registrar Cooperatives, Collectorate Office Compound, Thiruvarur, Thiruvarur District.

2. The Deputy Registrar, Office of Deputy Registrar Co-operatives, Collectorate Office Compound,

3. The Secretary, On -73, Tamil Nadu Electricity Board, Employees Cooperative Thrift and Credit Society, Thiruvarur V.BHAVANI SUBBAROYAN, J.

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smn W.P.No.16949 of 2024 27.06.2024 6/6