G.Arulanantham v. The Joint Registrar Of Cooperative Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2025 CORAM :
THE HONOURABLE MRS.JUSTICE N.MALA Writ Petition No .19952 of 2025 G.Arulanantham ... Petitioner Vs.
1.The Joint Registrar of Cooperative Societies, Office of the Joint Registrar, 4th Floor, Collectorate Complex, Palladam Road, Tiruppur District.
2.The Deputy Registrar of Cooperative Societies, Dharapuram Circle, Marketing Society Campus, Nethaji Road, Dharapuram, Tiruppur District.
3.The Administrator/Secretary, K.797, Kongalnagaram Primary Agricultural Cooperative Credit Society, Kongalnagaram, Gudimangalam Via, Udumalpet Taluk, Tiruppur District.
... Respondents Page No.1 of 6
PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the second respondent to cancel the deed of mortgage registered as document Nos.2658 of 2012 respectively by executing deed of cancellation due to the waiver of loan by government by disposing of the petitioner's representation dated 20.01.2025 in the light of the loan waiver certificate issued by the respondent authority. For Petitioner : Mr.M.Sudhan For Respondents 1 & 2 : Mr.M.Muthusamy, Government Advocate For Respondent 3 : Mr.V.Ravi, Special Government Pleader
O R D E R
This writ petition has been filed to direct the second respondent to cancel the deed of mortgage registered as document No.2658 of 2012, by executing deed of cancellation in view of the loan waiver certificate issued by the authority, by disposing of the petitioner's representation dated 20.01.2025. Page No.2 of 6
2. The case of the petitioner is that he borrowed a loan for a sum of RS.5,00,000/- by mortgaging his lands comprised in S.No.474 and 474/A to an extent of about 2 acres 34 cents. The said loan was waived by the Government vide Government Order dated 28.06.2016. Since the said loan was waived by the Government, the petitioner approached the third respondent to remove the entry regarding mortgage. However, till date, the respondents did not take any action to release the mortgage. Hence, the petitioner sent a representation on 20.01.2025 to the respondents. However, the said representation is pending, as on date. Aggrieved over the same, the petitioner filed the above writ petition.
3. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice if this Court issues a direction to the second respondent, to consider the petitioner's representation dated 20.01.2025, on merits and in accordance with law, within a time frame to be fixed by this Court.
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4. Learned Government Advocate appearing for the respondents 1 & 2 has no objection to the said submission.
5. Heard the learned counsel on either side and perused the materials available on record.
6. Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 20.01.2025, in the light of the loan waiver certificate issued to the petitioner, on merits and in accordance with law and pass appropriate orders, within a period of eight (8) weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, this writ petition is disposed of. No costs.
05.06.2025 msv Index :
Yes/No Speaking Order :
Yes/No :
Yes/No Page No.4 of 6
To:
1.The Joint Registrar of Cooperative Societies, Office of the Joint Registrar, 4th Floor, Collectorate Complex, Palladam Road, Tiruppur District.
2.The Deputy Registrar of Cooperative Societies, Dharapuram Circle, Marketing Society Campus, Nethaji Road, Dharapuram, Tiruppur District.
3.The Administrator/Secretary, K.797, Kongalnagaram Primary Agricultural Cooperative Credit Society, Kongalnagaram, Gudimangalam Via, Udumalpet Taluk, Tiruppur District.
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N.MALA, J.
msv 05.06.2025 Page No.6 of 6